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.
Non-restrictive and restrictive clauses are two types of dependent clauses found within sentences. They provide additional information about the noun phrases (subjects, objects, or other nouns) present in independent clauses. Understanding the distinctions between these clauses is crucial in constructing coherent and grammatically correct sentences. A restrictive clause, also known as an essential or defining clause, is essential to the meaning of the sentence as it restricts or limits the noun it modifies. It provides information that is necessary for understanding the sentence. Restrictive clauses are not set off by commas and cannot be removed from the sentence without altering its meaning. For example, "The book that I borrowed yesterday is very interesting." Here, the restrictive clause "that I borrowed yesterday" specifies and identifies which book is being referred to, and without it, the sentence would lose clarity. On the other hand, a non-restrictive clause, also referred to as a nonessential or non-defining clause, provides additional, non-essential information about the noun it modifies. It adds extra details about the noun, but the sentence would still make sense even if the clause were removed. Non-restrictive clauses are set off by commas in writing. For instance, "My sister's car, which is red, is parked in the driveway." In this example, the non-restrictive clause "which is red" provides additional information about the car, but it can be removed without affecting the core meaning of the sentence. In addition to the distinction between non-restrictive and restrictive clauses, there are different types of non-restrictive clauses, including: 1. Relative Clauses: These clauses begin with relative pronouns such as "who," "whom," "whose," or "which." They provide descriptive or identifying information about the noun they modify. Example: "The person who won the race received a trophy." 2. Adjective Clauses: These clauses function as adjectives by modifying or describing the noun they follow. They often begin with relative pronouns or relative adverbs. Example: "The book, whose pages were torn, was no longer useful." 3. Appositive Clauses: These clauses provide additional information, typically in the form of a noun phrase, about the preceding noun. They often appear between commas. Example: "My best friend, John, is an excellent musician." In summary, restrictive clauses provide essential information about the noun being modified, while non-restrictive clauses offer additional, non-essential details. Properly using these clauses enhances sentence clarity and ensures accurate expression of ideas.
