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Common examples of covenants Preventing trades or businesses from operating on the land or within the property. Preventing the keeping of livestock on a property.
Both Kansas and Missouri allow courts to modify the unreasonable parts of non-compete agreements. This is called the ?blue-pencil? rule. The blue-pencil rule allows courts to modify the overbroad parts of a non-compete without tossing the whole agreement.
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..
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.
If a covenant does apply to the property you are looking to buy, the information will appear on the title deeds and you can either find this out before you make an offer, or your property lawyer should let you know when carrying out their conveyancing.
On , Missouri lawmakers passed Senate Bill (SB) 103, limiting the time and scope of covenants between a business entity and an ?owner? in which the owner promises not to solicit or interfere with the business's employees and customers after the owner's relationship with the business ends.
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.