Tennessee Express Covenants

State:
Multi-State
Control #:
US-OG-792
Format:
Word; 
Rich Text
Instant download

Description

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.

How to fill out Express Covenants?

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FAQ

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..

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.

There are different ways that a covenant can be broken legally, and by checking the Land Registry documents you can see if changing any aspects of your land would breach it. Checking who the beneficiaries of the covenant are and reading the whole Deed clarifies if the covenant is tied to the land or is a personal one.

When a landowner agrees to use or limit the use of his land in a particular way or manner, courts will enforce the agreement against any later purchaser or possessor of land who has notice of the agreement and attempts to violate its terms.

Implied covenants differ from express covenants in that they are not formally written and recorded in the county records. Implied covenants arise through the actions, promises and statements of a land developer, coupled with the reasonable expectations of the purchasers of such land.

(a) Every provision in an oral agreement or a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, occupancy or lease thereof to individuals of a specified race, color, creed, religion, sex or national origin is void.

In Tennessee, while covenants not to compete are technically"disfavored," generally speaking, they will be enforced by the courts provided that they are "reasonable" under the particular circumstances.

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Tennessee Express Covenants