Kentucky Express Covenants

State:
Multi-State
Control #:
US-OG-792
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

Implied covenants differ from express covenants in that they are not formally written and recorded in the county records. Implied covenants arise through the actions, promises and statements of a land developer, coupled with the reasonable expectations of the purchasers of such land. Real Estate Covenants ? Express & Implied | Hopkins & Huebner, P.C. hhlawpc.com ? resources ? legal-articles ? real-est... hhlawpc.com ? resources ? legal-articles ? real-est...

There are different ways that a covenant can be broken legally, and by checking the Land Registry documents you can see if changing any aspects of your land would breach it. Checking who the beneficiaries of the covenant are and reading the whole Deed clarifies if the covenant is tied to the land or is a personal one. What are Restrictive Covenants & Can You Remove Them? cunningtons.co.uk ? restrictive-covenants cunningtons.co.uk ? restrictive-covenants

Covenants are either personal, restricting only the party who signs the agreement, or they "run with the land," passing the burden along to subsequent property owners. A restriction is simply a limitation on the use of the land. Covenants, Conditions, and Restrictions Attorneys' Title Guaranty Fund ? tools-publications ? pubs ? cove... Attorneys' Title Guaranty Fund ? tools-publications ? pubs ? cove...

Are discriminatory restrictive covenants illegal? Generally, yes. Since the United States Supreme Court's 1948 decision in the case Shelley v. Kraemer, restrictive covenants based on race have been unenforceableA contract will not be enforced by a court of law..

They are usually created in a deed between two parties, with one party agreeing to restrict the use of its land in a certain way for the benefit of another's land. For registered properties, any covenants affecting the property will be stated in the title.

Restrictive covenants can be placed on older properties too. The age of the covenant doesn't necessarily affect its validity. However in some cases, very old covenants are considered unenforceable.

A registered restrictive covenant is recorded on the title of the burdened land but is not recorded on the title of benefiting land. If the benefited land has been subdivided and re-subdivided, you might need to search the original plan of the subdivision and earlier titles to identify the benefited owners.

What is Eminent Domain? In Kentucky, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges. Kentucky Eminent Domain Laws - The Institute for Justice ij.org ? issues ? private-property ? kentucky-emin... ij.org ? issues ? private-property ? kentucky-emin...

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Kentucky Express Covenants