If you are planning on buying a home, condominium, townhouse, or other property, you must take note of whether any restrictive covenants will affect your ability to use your new residence.
Oklahoma Agreement Creating Restrictive Covenants
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Restrictive covenants are primarily governed by state law, and their enforceability can vary significantly from state to state. In a majority of states, restrictive covenants will be enforced, provided they are reasonable in duration and geographic scope.
If the restrictive covenant is in respect of a flat, you generally have the right under the terms of the lease to ask the landlord to enforce covenants against other flat owners. If you own the benefit of a restrictive covenant, then you can bring legal action yourself to enforce it.
The remedy for breach of a restrictive covenant is an injunction. Before commencing injunctive proceedings, it is usual for an employer to have a Solicitor write to their former employee requesting undertakings to avoid a High Court claim for an injunction.
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..
Covenants are generally considered valid only if reasonable and of benefit to all the property owners within the community. A Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is a legal document that outlines the rules for a planned community.
