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.
Nevada Amendment to Protective Covenant
Instant download
Description
Free preview
How to fill out Amendment To Protective Covenant?
If you want to total, acquire, or print official document templates, use US Legal Forms, the largest collection of legal forms available online.
Utilize the site's simple and convenient search to find the documents you require.
Various templates for business and personal purposes are organized by categories and states, or keywords.
Step 7. Fill out, modify, and print or sign the Nevada Amendment to Protective Covenant.
Every legal document format you obtain is yours forever. You will have access to every type you saved in your account. Navigate to the My documents section and select a form to print or download again.
- Use US Legal Forms to find the Nevada Amendment to Protective Covenant with just a few clicks.
- If you are already a US Legal Forms user, Log In to your account and click the Download button to locate the Nevada Amendment to Protective Covenant.
- You can also access forms you previously saved in the My documents section of your account.
- If you are using US Legal Forms for the first time, follow the steps below.
- Step 1. Ensure you have chosen the form for your correct city/state.
- Step 2. Use the Preview option to browse through the form's content. Don't forget to read the description.
- Step 3. If you are not satisfied with the form, use the Search area at the top of the screen to find other types in the legal format.
- Step 4. Once you have found the form you need, select the Buy now option.
- Step 5. Complete the transaction. You can use your Visa or Mastercard or PayPal account to finalize the transaction.
- Step 6. Choose the format of the legal form and download it to your device.
Form popularity
FAQ
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.
The Nevada Supreme Court recently confirmed that non-competition agreements that specifically provide for a court to blue-pencil unreasonable restrictions are enforceable.
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.
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.
Instead, it must specify that the restriction is only for one year or another reasonable amount of time to avoid unfair solicitation and advantages for the competitor. Scope of restrictions A non-compete agreement must also specify in what capacity you may not work for a competitor.
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.
What fees will I have to pay? The Lands Chamber is required by law to charge fees. The fee for lodging an application to discharge or modify restrictive covenants is £880. The fee for hearing an application is A£1,100, but this is reduced to A£275 if the Tribunal determines the application without a hearing.
If an employer attempts to enforce a non-competition agreement in court and the judge decides that the agreement does not meet those four requirements, then the agreement is void and unenforceable.
Can I get a restrictive covenant removed? If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.
