In a deed, a grantee may agree to do something or refrain from doing certain acts. This agreement will become a binding contract between the grantor and the grantee. An example would be an agreement to maintain fences on the property or that the property will only be used for residential purposes. This kind of covenant is binding, not only between the grantor and the grantee, but also runs with the land. This means that anyone acquiring the land from the grantee is also bound by the covenant of the grantee. A covenant that provides that the grantee will refrain from certain conduct is called a restrictive or protective covenant. For example, there may be a covenant that no mobile home shall be placed on the property.
A restrictive or protective covenant may limit the kind of structure that can be placed on the property and may also restrict the use that can be made of the land. For example, when a tract of land is developed for individual lots and homes to be built, it is common to use the same restrictive covenants in all of the deeds in order to cause uniform restrictions and patterns on the property. For example, the developer may provide that no home may be built under a certain number of square feet. Any person acquiring a lot within the tract will be bound by the restrictions if they are placed in the deed or a prior recorded deed. Also, these restrictive covenants may be placed in a document at the outset of the development entitled "Restrictive Covenants," and list all the restrictive covenants that will apply to the tracts of land being developed. Any subsequent deed can then refer back to the book and page number where these restrictive covenants are recorded. Any person owning one of the lots in the tract may bring suit against another lot owner to enforce the restrictive covenants. However, restrictive covenants may be abandoned or not enforceable by estoppel if the restrictive covenants are violated openly for a sufficient period of time in order for a Court to declare that the restriction has been abandoned.
The following form shows one way in which Restrictive or Protective Covenants may be amended.
A Protective Covenant With David In Phoenix
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Phoenix
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US-00405BG
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FAQ
For example, a protective covenant may restrict the type of buildings that can be constructed on a property, dictate architectural styles, or set standards for landscaping.
Positive covenants, also known as affirmative covenants, require a business to adhere to certain terms. They might require that the company maintains a certain type of insurance or delivers audited financial statements to the lending institution.
A protective covenant can be used to protect rights while using residential property. The restriction might be put from conducting any business activity on the property like using it for running office or business from the residential property.
Protective Covenants: Safeguarding Your Secret Sauce In general, it is a legal provision in an agreement or legal instrument where one party promises to take or is restricted from taking certain actions or otherwise has certain obligations to protect an interest of another party.
There are several covenants in the Bible, but five covenants are crucial for understanding the story of the Bible and God's redemptive plan: the Noahic Covenant, the Abrahamic Covenant, The Mosaic Covenant, the Davidic Covenant and the New Covenant.
Arizona courts have found restrictive covenants to be reasonable and enforceable when they protect some legitimate interest of the employer beyond simply protection from competition.
Arizona's implied duty of good faith and fair dealing prohibits a party, as a matter of law, from doing anything to prevent another party from receiving the benefits it was entitled to under the contract.
2) Are non-compete agreements enforceable in Arizona? Answer: While the Courts do not favor non-compete agreements, they are enforceable so long as they are 1) reasonable as to geographic scope, 2) reasonable as to duration of time, and 3) narrowly defined to limit activities that you performed for the employer.
Get a New Job That Doesn't Involve Competitive Activities. Prove That Your Former Employer Breached the Contract. Argue That the Non-Compete Provision Isn't Enforceable. Show That Your Previous Employer Has No Legitimate Business Interests.
My limited understanding is, restrictive covenants are only enforceable by a home owners association created among them. A local government isn't going to swoop in and enforce, or defend, a covenant that you created on your property. The local government is only concerned with land use ordinance's and state laws.