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.
Washington Agreement Creating Restrictive Covenants
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When a party enters into a restrictive covenant, he/she agrees to refrain from doing something or from using a property in a certain way that is restricted by the contract. For example, when purchasing real estate, the buyer may agree to use the property for the designated purpose only and not for other purposes.
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.
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.
A restrictive agreement, or restrictive covenant, is a legal contract between two or more parties that restricts one or more of the parties from engaging in certain activities. These agreements are often used to protect trade secrets, businesses interests, and other confidential information.
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.
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..
In the first half of the 20th Century, covenants were recorded on some properties in Washington which included restrictions on who could legally purchase or occupy the property. These provisions sometimes singled out people from specific races, national origins, or ethnic backgrounds.
The practice of private, racially restrictive covenants evolved as a reaction to the Great Migration of Southern blacks and in response to the 1917 Court ruling (see Buchanan v. Warley) which declared municipally mandated racial zoning unconstitutional.