Tennessee Annexation to Declaration of Restrictive Covenants
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FAQ
Enforcing Restrictive Covenants An injunction is a discretionary remedy which a court is more likely to grant if it is applied for promptly. However before taking legal action it is important to establish that you do have the right to enforce the covenant.
Certain restrictive covenants will be enforceable, if you are able to prove that they are: reasonable. necessary to protect legitimate business interests; and. of a duration no longer than is necessary to protect those interests.
A restrictive covenant is an agreement that restricts a company or other party to a contract from engaging in certain actions. For example, a restrictive covenant entered into with a public company might limit the amount of dividends the firm can pay its shareholders.
The important thing to remember about restrictive covenants is that they 'run with the land'. This means that they are applicable to all future purchasers of the property and not just the original purchaser.
Enforcing Restrictive Covenants Generally only the owner of land which was, or was part of, the land intended to be benefited by the covenant, can enforce it.
The restrictions and affirmative obligations included in a set of restrictive covenants may be enforced by (i) any individual owner or (ii) in a condominium or planned community, the owners association.However, most enforcement of restrictive covenants is now carried out by the appropriate owners association.
The covenant must be negative (restrictive). There must be a benefited and a burdened land and the two must be reasonably close together close enough for the benefited land to be genuinely adversely affected by a breach. The covenant must actually benefit the benefiting land.
A restrictive covenant is a clause in a deed or lease to real property that limits what the owner of the land or lease can do with the property. Restrictive covenants allow surrounding property owners, who have similar covenants in their deeds, to enforce the terms of the covenants in a court of law.
If the value or use of certain land is negatively impacted by a restrictive covenant, there are options to have the covenant removed by legal process, which include: Obtaining a written release or modification of the covenant from the party or parties who are entitled to enforce it.
