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.
Illinois Amendment to Protective Covenant
Instant download
Description
Free preview
How to fill out Amendment To Protective Covenant?
Selecting the correct legitimate document template can be quite a challenge.
Certainly, there are numerous templates available online, but how do you find the legal form you need.
Utilize the US Legal Forms platform. The service offers a multitude of templates, such as the Illinois Amendment to Protective Covenant, which can be utilized for both business and personal purposes.
If the document does not meet your needs, utilize the Search area to find the correct form. Once you are certain that the document is appropriate, select the Buy now button to purchase the form. Choose the pricing plan you prefer and enter the necessary information. Create your account and complete the transaction using your PayPal account or credit card. Select the file format and download the legal document template to your system. Fill out, modify, print, and sign the received Illinois Amendment to Protective Covenant. US Legal Forms is the best repository of legal documents where you can find a variety of file templates. Use the service to download properly crafted paperwork that complies with state regulations.
- All the forms are verified by experts and comply with federal and state regulations.
- If you are currently registered, sign in to your account and click the Acquire button to obtain the Illinois Amendment to Protective Covenant.
- Use your account to browse through the legal documents you have purchased previously.
- Navigate to the My documents tab of your account and retrieve another copy of the document you need.
- If you are a new user of US Legal Forms, here are simple instructions for you to follow.
- First, ensure that you have selected the appropriate document for your city/state. You can review the form using the Preview button and check the form's description to confirm it is suitable for you.
Form popularity
FAQ
Ignoring a restrictive covenant means that you could potentially be faced with a legal claim against you and injunctions to stop you from making the changes you wish to. You may have to pay damages to the other party to compensate for the breach too.
Yes. Illinois is an "employment at-will" state, meaning that an employer or employee may terminate the relationship at any time, without any reason or cause.
Employers may not enforce non-competition and non-solicitation covenants against an employee who loses their job due to COVID-19 or to circumstances that are similar to the COVID-19 pandemic unless the employers provide the employee with the equivalent of their base salary for the duration of the restricted period,
Seyfarth Synopsis: On February 19th and 26th, 2021, Illinois legislatures introduced new bills that, if passed, would get rid of at-will employment, only allowing employers to terminate employees for just-cause, and require severance pay for terminated employees, effective January 1, 2022.
If a restrictive covenant has been breached, it is open to you to request that the person with the benefit of the covenant takes action to enforce it. To be enforceable, a restrictive covenant must not be: Ambiguous or uncertain. Prohibited by competition law.
To be enforceable a restrictive covenant must firstly touch and concern or somehow benefit other land, and the benefit must also have been intended to run with that benefitting land. The covenant cannot merely be a covenant of personal benefit to the original contracting party.
Although this case relates directly to development of property, it is clear that modifying restrictive covenants of any nature or kind is possible if deemed reasonable in the circumstances by the courts, which will of course be determined on a case-by-case basis.
1, 2022, pursuant to the recently enacted Freedom to Work Act (the Act). These changes include: $75,000 Noncompete Threshold: Employers are prohibited from entering into a covenant not to compete with any employee unless the employee's actual or expected annualized rate of earnings exceeds $75,000.
Reformation Permitted: Under existing legal authority, courts in Illinois may, but are not required to, reform a restrictive covenantthat is, revise itif the court finds it too broad as written.
In contrast to the most states, Illinois is considering banning at-will employment as a default principle within its borders.