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Montana Declaration of Restrictive Covenant

Montana Declaration of Restrictive Covenant

Name: Montana Declaration of Restrictive Covenant
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.61 (270 reviews)

Category:

Montana Real Estate - Covenants

State:

Montana

Control #:

MT-LR044T

Format:

Instant download

Description

A restrictive covenant is an agreement that limits the way you can use a property. Restrictive covenants are general rules that homeowners must follow

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FAQ

Certain restrictive covenants will be enforceable, if you are able to prove that they are: reasonable. necessary to protect legitimate business interests; and. of a duration no longer than is necessary to protect those interests.

The covenant must be negative (restrictive). There must be a benefited and a burdened land and the two must be reasonably close together close enough for the benefited land to be genuinely adversely affected by a breach. The covenant must actually benefit the benefiting land.

A restrictive covenant is a clause in a deed or lease to real property that limits what the owner of the land or lease can do with the property. Restrictive covenants allow surrounding property owners, who have similar covenants in their deeds, to enforce the terms of the covenants in a court of law.

What happens if I breach a restrictive covenant? If you own a property and unknowingly (or otherwise) breach a restrictive covenant then you could be forced to undo any offending work (such as having to pull down an extension), pay a fee (often running into thousands of pounds) or even face legal action.

The person who is now the owner of the land with the benefit of the covenant may wish to enforce it. He may only do so if the benefit of the covenant has been successfully passed to him. There are three methods by which the benefit may be transferred: Annexation.

If a neighbour threatens to breach a restrictive covenant binding on them you will probably want to obtain an injunction to prevent breach rather than simply claim monetary compensation.Generally only the owner of land which was, or was part of, the land intended to be benefited by the covenant, can enforce it.

Ignoring a restrictive covenant If you choose to ignore a restrictive covenant, you could potentially face a claim in damages for the breach in addition to any injunctions granted.

In respect of covenants, for them to be enforceable, both the benefit and burden must run in common law or both must run in equity. So if the benefit runs in common law but the burden only runs in equity (or vice versa) the covenant will not be enforceable.

Montana Declaration of Restrictive Covenant

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Can a Neighbour enforce a restrictive covenant?

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