If a homeowner's future use of a property will cause a breach of the restrictive covenants
imposed upon the land, such as the construction of an extension, it is safest to assume that the restrictive covenants
are still enforceable.
In order to understand restrictive covenants
in the context of environmental and land use law, it is important to know the background and history of the use of "risk-based corrective action" (RBCA).
There are a number of ways potentially to overcome problematic restrictive covenants
but it is important to seek expert legal advice as early as possible.
An ambiguous restrictive covenant
is, on its face, unreasonable and unenforceable.
Hiring an employee when an employer has been given notice of a restrictive covenant
can involve that employer in litigation; and, as a consequence, many simply choose not to take that risk.
Letter to Canada's Department of Finance Commenting on Legislative Proposals Relating to Treatment of Restrictive Covenants
, page 144
Members of the legal profession, of course, see more than their fair share of restrictive covenants
In the context of the purchase of a business or the purchase of distribution rights for a particular brand, as a general rule, restrictive covenants
are routinely enforced and are much less carefully scrutinized by the courts.
Planning officer Nick Blamire-Brown recommends in a report to cabinet that councillors agree to release the restrictive covenant
The appellate court ruled that not only was the restrictive covenant
enforceable but so was the liquidated damages provision.
Before considering the authority that allows a tortious interference claim based upon a former employer's attempts to litigate an unenforceable restrictive covenant
, it is first important to look at the requirements for such restrictive covenants
to be enforced in Florida.
This highlighted the effect of granting planning permission on land which is subject to a restrictive covenant