In March 2008, the Town granted petitioners' application, however, it was subject to several restrictive covenants
, including one that required all 172 units in the project to be sold as condominiums only.
The government's call for views on the use of restrictive covenants
highlights the difficulty in balancing the interests of companies protecting their businesses, encouraging competitive firms to grow and allowing freedom of choice to customers.
Hirshberg, the watershed New York Court of Appeals decision on the enforcement of restrictive covenants
in employment agreements, courts .
The buyer and his agent subsequently filed a complaint with HUD, alleging the restrictive covenant
However, any approach made to any person likely to have the benefit of the restrictive covenant
would prevent you being able to obtain an indemnity insurance policy.
Remediators that wish to employ engineering controls, for example, should have these in place prior to the recording of the restrictive covenant
The recent case of Davies v Dennis shows how broad ranging restrictive covenants
The restrictive covenant
may only operate for a short time.
In most cases, in order to enforce a restrictive covenant
, the employer must have provided some consideration to the employee (given him something in exchange for the restriction of rights), and the covenant must protect a legitimate business interest and must be reasonable both in scope and time.
Canadian Proposals on Treatment of Restrictive Covenants
The court acknowledged that restrictive covenants
in employment contracts involving physicians are enforceable under existing New Jersey law if they protect a legitimate interest of the employer, impose no undue hardship on the employee, and are not injurious to the public.
A RESTRICTIVE COVENANT
MAY NOT BE VALID IF IT IS FOR AN UNREASONABLE PERIOD OF TIME, OR ENCOMPASSES AN UNREASONABLE RADIUS.