In a deed, a grantee may agree to do something or refrain from doing certain acts. This agreement will become a binding contract between the grantor and the grantee. An example would be an agreement to maintain fences on the property or that the property will only be used for residential purposes. This kind of covenant is binding, not only between the grantor and the grantee, but also runs with the land. This means that anyone acquiring the land from the grantee is also bound by the covenant of the grantee. A covenant that provides that the grantee will refrain from certain conduct is called a restrictive or protective covenant. For example, there may be a covenant that no mobile home shall be placed on the property.
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.
Ohio Agreement Creating Restrictive Covenants
Instant download
Description
Free preview
How to fill out Agreement Creating Restrictive Covenants?
Locating the appropriate legal document template can be a challenge.
Certainly, there are numerous templates available online, but how do you acquire the legal form you desire.
Utilize the US Legal Forms website. The service offers a wide array of templates, including the Ohio Agreement Creating Restrictive Covenants, which can be employed for both business and personal purposes.
First, ensure that you have chosen the correct form for your location/state. You can browse the form using the Preview button and read the form description to confirm it is suitable for you.
- All forms are reviewed by professionals and meet state and federal standards.
- If you are already registered, sign in to your account and click the Download button to access the Ohio Agreement Creating Restrictive Covenants.
- Use your account to search through the legal documents you have previously purchased.
- Visit the My documents section of your account to obtain another copy of the document you need.
- If you are a new user of US Legal Forms, here are some simple steps for you to follow.
Form popularity
FAQ
If there is a restrictive covenant on your property you may be able to remove it. The first step would be to negotiate with the original developer or landowner to enter into a formal agreement to remove the covenants from the title.
Ohio has adopted a Pure Race statute for mortgages, but applies a Race-Notice statute to deeds and all instruments other than mortgages.
Deed restrictions are agreed upon when private property is purchased and is enforceable by individual property owners. This can require financial resources and personal commitment from property owners to enforce and may result in court proceedings to resolve.
Requirements in US LawThe covenant must be in writing to satisfy the Statute of Frauds. The original parties to the agreement must have intended that successors be bound by the agreement.
How legally binding are restrictive covenants? Providing restrictive covenants are not void for restraint of trade and required to protect legitimate business interests, they will be viewed as legally binding. If restrictive covenants are introduced to existing employees, employer's need to provide consideration.
Breaching a restrictive covenant leaves you open to potential legal action from the other party, if they wish to enforce the covenant. If you are taken to court and the other party is successful, you might have to undo any work carried out and may face a fine or have to pay damages, as well as legal fees.
How enforceable are restrictive covenants? The general position is that post-termination restrictive covenants are void on public policy grounds as being in restraint of trade, unless they are being used by the employer to protect a legitimate business interest.
A deed restriction is a limitation on how you can use your property. Deed restrictions can limit what you do on your property, as well as what you can build on your land. They often involve a homeowners association or deed-restricted community. HOAs institute these standards to keep property values high.
Deed restrictions are written agreements that restrict, or limit, the use or activities that may take place on property in a subdivision. These restrictions appear in the real property records of the county in which the property is located. They are private agreements and are binding upon every owner in a subdivision.
You will have to obtain consent from any person with a right to enforce the deed restrictions before you can actually remove the restrictions. For example, if your deed restriction applies to or benefits one or more of your neighbors, you will need that neighbor's permission before you can remove restrictions.