restrictive covenant

restrictive covenant
restrictive covenant n
1: a covenant acknowledged in a deed or lease that restricts the free use or occupancy of property (as by forbidding commercial use or types of structures)
one who purchases for value and without notice takes the land free from the restrictive covenant — American Jurisprudence 2d
◇ For a restrictive covenant to run with the land it must be intended to do so by the original parties to it, it must directly concern the land itself and be enforceable, and there must be privity between the original parties and between the original and subsequent grantee.
restrictive covenants unenforceable upon physicians — Annotated Laws of Massachusetts
◇ A restrictive covenant in a work contract must be reasonable to be enforceable, which means that it must be reasonably necessary to protect the legitimate interests of the employer or partnership, must not impose undue hardship on the individual concerned, and must not harm the public interest (as by causing undue restraint of trade).

Merriam-Webster’s Dictionary of Law. . 1996.

restrictive covenant
A restrictive covenant is where an obligation is imposed on an employee or director either in an employment contract or financing document preventing the employee/director from doing something during or after his employment has terminated. This usually covers engaging in competitive businesses or poaching staff or customers. Particularly where post-employment issues are addressed (e.g. competition), care is required in drafting as the terms may be unenforceable if they are unreasonably wide.

Easyform Glossary of Law Terms. — UK law terms.


restrictive covenant
n.
(1) A provision in an agreement transferring property such as a deed, limiting the uses to which that property can be put.
(2) A clause in an employment contract limiting an employee’s work options if he or she leaves the employer.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


restrictive covenant
a legal promise restricting the granter's freedom. It is used in relation to an undertaking, restrictive in nature, enforceable in equity against a purchaser of land with notice of the existence of the undertaking by an owner of benefited land in the neighbourhood.
It is also used in relation to agreements not to set up in business against a former employer or partner or the like. Such agreements are prima facie unenforceable as being in restraint of trade but will be allowed if they are fair in relation to the public interest in free competition and as between the parties.

Collins dictionary of law. . 2001.


restrictive covenant
An agreement (covenant) in a deed to real estate that restricts future use of the property. Example: "No fence may be built on the property except of dark wood and not more six feet high, no tennis court or swimming pool may be constructed within 30 feet of the property line, and no structure can be built within 20 feet of the frontage street." Also called "covenant running with the land" if it's enforceable against future owners. Restrictive covenants based on race (for example, "the property may be occupied only by Caucasians") were declared unconstitutional in 1949.
Category: Real Estate & Rental Property → Buying a House

Nolo’s Plain-English Law Dictionary. . 2009.

restrictive covenant
A negative covenant that restricts the way in which a party can act, for example the way in which land may be used or what an employee can do. Used in employment contracts to protect the employer's business by restricting the activities of an employee, generally after the employment has ended.
restrictive covenant
USA
Also known as a negative covenant.
An agreement or promise binding the person or persons giving the covenant to abstain from the performance of certain things or to restrict its actions in some other way.
Related links
restrictive covenant
+ restrictive covenants
Promises by the seller in the acquisition agreement not to compete with the new business or poach key employees or customers. These are only enforceable if reasonable in geographic and business scope and duration.
+ restrictive covenant
USA
restrictive covenant, Also known as a negative covenant.
An agreement or promise binding the person or persons giving the covenant to abstain from the performance of certain things or to restrict its actions in some other way.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


restrictive covenant
A provision in a deed limiting the use of the property and prohibiting certain uses. A clause in contracts of partnership and employment prohibiting a contracting party from engaging in similar employment for a specified period of time within a certain geographical area.

Dictionary from West's Encyclopedia of American Law. 2005.


restrictive covenant
A provision in a deed limiting the use of the property and prohibiting certain uses. A clause in contracts of partnership and employment prohibiting a contracting party from engaging in similar employment for a specified period of time within a certain geographical area.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

restrictive covenant
n.
   1) an agreement included in a deed to real property that the buyer (grantee) will be limited as to the future use of the property. Example: no fence may be built on the property except of dark wood and not more than six feet high, no tennis court or swimming pool may be constructed within 30 feet of the property line, and no structure can be built within 20 feet of the frontage street. Commonly these covenants are written so that they can be enforced by the grantor and other owners in the subdivision, so that future owners will be bound by the covenant (called "covenant running with the land" if enforceable against future owners). All restrictive covenants based on race ("the property may be occupied only by Caucasians") were declared unconstitutional in 1949 and if they still show on deeds are null and void.

Law dictionary. . 2013.

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