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.
Puerto Rico Agreement Creating Restrictive Covenants
Instant download
Description
Free preview
How to fill out Agreement Creating Restrictive Covenants?
If you wish to finish, obtain, or create official document templates, utilize US Legal Forms, the largest collection of official forms available online.
Employ the site's user-friendly and convenient search feature to locate the documents you require.
A variety of templates for commercial and personal use are organized by categories and regions, or keywords.
Step 4. Once you have found the form you need, click the Purchase now button. Choose the pricing plan you want and enter your credentials to register for an account.
Step 5. Process the payment. You can use your credit card or PayPal account to complete the transaction.
- Use US Legal Forms to find the Puerto Rico Agreement Creating Restrictive Covenants with just a few clicks.
- If you are already a US Legal Forms customer, Log In to your account and click the Download button to obtain the Puerto Rico Agreement Creating Restrictive Covenants.
- You can also access forms you have already acquired in the My documents section of your account.
- If you are using US Legal Forms for the first time, follow the instructions below.
- Step 1. Ensure you have selected the form for the correct city/state.
- Step 2. Use the Preview option to review the form’s content. Don’t forget to check the description.
- Step 3. If you are not satisfied with the form, use the Search field at the top of the screen to find other versions of the official form template.
Form popularity
FAQ
A restrictive covenant is a condition that restricts, limits, prohibits, or prevents the actions of someone named in an enforceable agreement. In bond obligations, restrictive covenants limit the amount issuers can pay in dividends to investors.
It provides that a restrictive covenant is reasonable, and thus, enforceable, if: (1) its terms are no greater than is required to protect the employer's legitimate business interest; (2) it does not impose undue hardship on the former employee; and (3) it is not injurious to the public.
California's strict public policy against the enforcement of restrictive covenants, which is embodied within its Business and Professions Code, provides that every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void. Cal.
Non-compete clauses in employment contracts are valid and enforceable in Puerto Rico under general freedom of contract principles but must comply with requirements established by the Supreme Court of Puerto Rico.
Covenants can be unenforceable if they expire, if there is a history of the covenant being violated, or if there is no individual or group benefiting from them. Otherwise, they are generally enforceable and you could face legal action if you ignore them.
California - Non-compete clauses are not enforceable under California law. However, LegalNature's non-compete agreement may still be used to prohibit the employee from soliciting customers and other employees away from the employer.
They are used exclusively for residential properties. They are permanent and unchangeable. If a subdivision is in a zoned area, any restrictive covenants take priority over zoning ordinances to the extent that the covenants are more restrictive than the zoning requirements.
A restrictive covenant is a clause in an employment contract or services agreement that works to prohibit an individual from (among other things) competing with his or her ex-employer for a certain period after he or she has left the business.
Restrictive covenants - top 10 tips for employeesTip 1: Understand the scope and application of the restrictive covenants in your contract of employment before you sign it.Tip 2: Establish whether you owe fiduciary duties to your employer.Tip 3: Be alive to your disclosure obligations.More items...?
By Janet A. In California, North Dakota, the District of Columbia, and Oklahoma, non-competes are either entirely or largely unenforceable as against public policy. Other states, including Maine, Maryland, New Hampshire, Rhode Island, and Washington, have banned non-compete agreements for low-wage workers.