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.
North Carolina Express Covenants
Category:
State:
Multi-State
Control #:
US-OG-792
Format:
Word;
Rich Text
Instant download
Description
How to fill out Express Covenants?
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FAQ
Restrictive covenants can be placed on older properties too. The age of the covenant doesn't necessarily affect its validity. However in some cases, very old covenants are considered unenforceable.
ANSWER: There is not a specific law that restrictive covenants expire after 30 years. The listing agent may be thinking of a recent decision from the North Carolina Supreme Court. In December 2022, the North Carolina Supreme Court issued its decision in C Investments 2, LLC v.
(10) ?Tenant? means any natural person or entity who is a named party or signatory to a lease or rental agreement, and who occupies, resides in, or has a legal right to possess and use an individual rental unit.
ANSWER: There is not a specific law that restrictive covenants expire after 30 years. The listing agent may be thinking of a recent decision from the North Carolina Supreme Court.
(a) Any person having the legal capacity to own real property in this State, who, alone or together with his predecessors in title, shall have been vested with any estate in real property of record for 30 years or more, shall have a marketable record title to such estate in real property.
In South Carolina, tenants have a right to quiet enjoyment of their homes. This means that the landlord cannot enter the rental unit as he or she pleases. Under the South Carolina lease laws, your landlord is required to serve you with a 24-hour advance notice.
As a landlord, you cannot include a clause that goes against the provisions of an implied covenant. Specifically, the implied covenant of quiet enjoyment is the tenant's right to enjoy their rented spaces free from undue interruptions, noises, and nuisances.
In North Carolina, courts are permitted to ?blue pencil? restrictive covenants. This means that a court may decide not to enforce a part of the covenant that is distinctly separable in order to make the provision reasonable. However, a court is not able to re-draft an overly broad provision completely or from scratch.
