Texas Express Covenants

State:
Multi-State
Control #:
US-OG-792
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

How to fill out Express Covenants?

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FAQ

In Texas, ?a covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater ...

In Texas, ?a covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is made to the extent that it contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater ...

Requirements in US law The original parties to the agreement must have intended that successors be bound by the agreement. A subsequent owner must have had actual notice, inquiry notice, or constructive notice (record) of the covenant at the time of purchase. The covenant must touch or concern the land.

Negotiating the terms of a restrictive covenant is advisable, because these agreements can limit future practice options should a healthcare provider subsequently desire to change employers or practice groups, or wish to open their open practice in a nearby area.

Deed restrictions must be reasonable, legal, and not contrary to public policy to be enforceable. In cases of conflict, the more restrictive overlapping deed restrictions and zoning ordinances prevails.

To create a restrictive covenant that is binding upon subsequent owners and assignees of the land in Texas, the following elements for a restrictive covenant must be met: It must be in writing. There must be an intent to run with the land. The covenant must touch and concern the land.

Implied covenants differ from express covenants in that they are not formally written and recorded in the county records. Implied covenants arise through the actions, promises and statements of a land developer, coupled with the reasonable expectations of the purchasers of such land.

For example, covenants that impose racial or religious restrictions after the sale of a property are unenforceable. Shelley v. Kraemer, 334 U.S. 1 (1948). A restrictive covenant is usually enforceable only by the person for whom the benefit was intended.

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Texas Express Covenants