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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.
While Pennsylvania courts repeatedly comment that such restrictive agreements are not favored, properly drafted Restrictive Covenants, although strictly construed and narrowly interpreted, are enforceable in Pennsylvania.
Restrictive covenant indemnity insurance can only be obtained when a covenant has been breached for at least 12 months without complaint. But once procured, the policy will last in perpetuity and can usually be passed on to future owners of the property.
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.
How long do covenants last? Many HOA covenants expire after a period of time, usually between 25 to 30 years. When covenants expire, associations may choose to reinstate them through a majority vote from the membership. This is known as Covenant Revitalization.
Some covenants are given a set expiration date, which is listed in the deed or a secondary document called the "List of covenants, conditions and restrictions". Otherwise, they may not have an expiration date and can last indefinitely.
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.
How enforceable are restrictive covenants? The general position is that post-termination restrictive covenants are void on public policy grounds as being in restraint of trade, unless they are being used by the employer to protect a legitimate business interest.
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 all cases, no matter how old they are, covenants cannot be removed or disregarded unless they are extinguished by agreement, which usually involves some form of payment or an application to the Lands Tribunal a long and costly undertaking. Covenants can be very obscure.