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.
Tennessee Agreement Creating Restrictive Covenants
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Restrictive covenants in the labor and employment context are agreements between an employer and employee that restrict the activities of an employee following a separation of employment. Practical Considerations When Including Restrictive Covenants in ... sgrlaw.com ? ttl-articles ? practical-consider... sgrlaw.com ? ttl-articles ? practical-consider...
The remedy for a breach of a real covenant is monetary damages. Equitable servitudes have similar requirements as real covenants; however, they do not require privity. Instead of privity, an equitable servitude requires notice to be enforceable against future property owners.
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. Enforcing restrictive covenants in respect of a property - Bakerlaw LLP baker-law.co.uk ? blog ? baker-law-legal-blog baker-law.co.uk ? blog ? baker-law-legal-blog
Equitable servitudes differ from covenants in that: They are enforceable by injunction, while a real covenant is remedied by money damages. Equitable Servitude | Practical Law - Westlaw westlaw.com ? document ? Equitable... westlaw.com ? document ? Equitable...
Servitude, In property law, a right by which property owned by one person is subject to a specified use or enjoyment by another.
Some common examples of equitable servitudes include: Restrictions on building height or architectural style: A property owner may be required to maintain a certain building height or adhere to a specific architectural style to preserve the aesthetic value of a neighborhood.
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.. Restrictive Covenants - Fannie Mae fanniemae.com ? about-us ? homeownership fanniemae.com ? about-us ? homeownership
(A) The cousin, because an equitable servitude does not survive the death of the promisor.