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.
Florida Agreement Creating Restrictive Covenants
Instant download
Description
Free preview
How to fill out Agreement Creating Restrictive Covenants?
Are you currently in a situation where you need documents for either business or personal reasons almost every day.
There are numerous legitimate paperwork templates available online, but finding ones you can rely on is challenging.
US Legal Forms offers a vast collection of form templates, including the Florida Agreement Creating Restrictive Covenants, which are designed to meet federal and state requirements.
Select a convenient format and download your copy.
Find all the document templates you have purchased in the My documents section. You can get an additional copy of the Florida Agreement Creating Restrictive Covenants at any time, if needed. Just click the required form to download or print the document template.
- If you are already familiar with the US Legal Forms website and have an account, simply Log In.
- Then, you can download the Florida Agreement Creating Restrictive Covenants template.
- If you do not have an account and wish to start using US Legal Forms, follow these steps.
- 1. Find the form you need and ensure it corresponds to the correct city/state.
- 2. Use the Review button to examine the form.
- 3. Check the details to ensure you have selected the correct form.
- 4. If the form is not what you are looking for, use the Search area to locate the form that meets your needs.
- 5. If you find the right form, click Buy now.
- 6. Choose the pricing plan you want, complete the necessary information to create your account, and pay for the transaction using your PayPal or credit card.
Form popularity
FAQ
Breaching a restrictive covenant leaves you open to potential legal action from the other party, if they wish to enforce the covenant. If you are taken to court and the other party is successful, you might have to undo any work carried out and may face a fine or have to pay damages, as well as legal fees.
How legally binding are restrictive covenants? Providing restrictive covenants are not void for restraint of trade and required to protect legitimate business interests, they will be viewed as legally binding. If restrictive covenants are introduced to existing employees, employer's need to provide consideration.
Non-compete clauses and restrictive covenants are highly enforceable in the UK in order to protect the business the employee is leaving. They have to be narrowly defined and should only stay enforced for the time that is required to protect the business.
Restrictive covenants are not considered enforceable in all states across the USA. In Florida, they are enforceable, and courts tend to favor employers over employees when enforcing restrictive clauses in a signed agreement.
A restrictive covenant is a clause in an employment contract or services agreement that works to prohibit an individual from (among other things) competing with his or her ex-employer for a certain period after he or she has left the business.
Under Florida law, non-compete agreements may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest of the employer as defined by Florida statute.
If there is a restrictive covenant on your property you may be able to remove it. The first step would be to negotiate with the original developer or landowner to enter into a formal agreement to remove the covenants from the title.
Are covenants legally enforceable? Restrictive covenants are usually legally enforceable and binding if they have been set up properly, but can cease to be enforceable after a period of time in some circumstances.
A restrictive covenant is a condition that restricts, limits, prohibits, or prevents the actions of someone named in an enforceable agreement.
A restrictive covenant is a condition that restricts, limits, prohibits, or prevents the actions of someone named in an enforceable agreement. In bond obligations, restrictive covenants limit the amount issuers can pay in dividends to investors.