South Carolina Covenants

State:
Multi-State
Control #:
US-OG-492
Format:
Word; 
Rich Text
Instant download

Description

This form provides the terms and conditions contained in an assignment shall constitute covenants running with the land, and shall be binding on, and for the benefit of assignor and assignee, and their respective successors and assigns.

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FAQ

The courts require employers to narrowly tailor the agreements to that it is confined in geography and time in addition to being necessary to protect the business interest. All that to say that noncompetes are enforceable in South Carolina so long as that correct touch is applied when drafting the agreement.

Restrictions travel with the deed, and cannot generally be removed by new owners. Also, deed restrictions/covenants may have specified expiration dates or they may never expire, depending on how the document is written.

A registered restrictive covenant is recorded on the title of the burdened land but is not recorded on the title of benefiting land. If the benefited land has been subdivided and re-subdivided, you might need to search the original plan of the subdivision and earlier titles to identify the benefited owners.

Be specific: Courts tend to enforce restrictive covenants that are tailored to the specific customers or accounts of the employer or business. Include an itemized list of accounts or clients that the employee is required not to solicit or contact, and then limit that to a reasonable timeframe.

Finally, while your HOA can't place restrictive covenants that violate state or federal laws, they can still limit your rights within reason.

A covenant not to execute "is a promise not to enforce a right of action or execute a judgment when one had such a right at the time of entering into the agreement." 76 C.J.S. Release 4 (1994). It is merely a contract and not a release.

Key Takeaways. Restrictive covenants are clauses that prevent, prohibit, restrict, or limit the actions of a person or entity named in a contract. Restrictive covenants are common in real estate transactions and apply to everything from the colors you can paint your house to how many tenants can live in a building.

They are usually created in a deed between two parties, with one party agreeing to restrict the use of its land in a certain way for the benefit of another's land. For registered properties, any covenants affecting the property will be stated in the title.

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South Carolina Covenants