Restrictive covenant

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Restrictive covenant

A requirement to adhere to a specific restriction on the use or development of real property.
Illustrated Dictionary of Architecture Copyright © 2012, 2002, 1998 by The McGraw-Hill Companies, Inc. All rights reserved

restrictive covenant

An agreement between two or more individuals, incorporated within a deed which stipulates how land may be used. The constraints may include: the specific use to which a property can be put, the location and dimensions of fences, the setback of buildings from the street, the size of yards, the type of architecture, the cost of the house, etc. Racial and religious restrictions on inhabitants are legally unenforceable.
McGraw-Hill Dictionary of Architecture and Construction. Copyright © 2003 by McGraw-Hill Companies, Inc.
References in periodicals archive ?
You should consider including restrictive covenants in the contracts.
When court rulings finally eliminated the restrictive covenants that had legally barred blacks from moving into many communities, it was as if a dam had burst.
A California appellate court upheld a verdict in favor of the former accounting firm of Weber, Lipshie & Co., which had sought to enforce a partnership restrictive covenant against a departing partner, Paul Christian.
Third, it limits SMHS's right to enforce any contractually imposed restrictive covenant against a physician in a restricted specialty and area if that physician leaves his or her employment with SMHS, provided that the physician pays back any funds received from SMHS in connection with the physician's initial hiring--such as money for the acquisition of the physician's practice or money paid in exchange for a covenant not to compete.
Currently, most states permit the use of restrictive covenants within guidelines set either by the courts or by legislation.
When asked about the restrictive covenants, the Vice President's acting press secretary, Stephen Hart, said, "There's really nothing to this,' and that Bush "said he doesn't recall any such covenants.' However, according to attorney Marvin Nathan, who served in the Civil Rights Division of the Justice Department from 1966 to 1968 and is now a real estate lawyer in Houston, although "Broad Oaks was not the most elite area at the time, certainly people would have known as a matter of common knowledge that there were race restrictions and taken some comfort in that.' Usually a real estate lawyer or broker would not inform his clients of restrictions on property they were considering, but the Bushes were the first to build on their lots and therefore might have examined the restrictions.
In contrast, the American Bar Association and a Florida ethics opinion in conjunction with Rules of Professional Conduct of The Florida Bar disfavor restrictive covenants for lawyers and mandate they be narrowly construed to protect the lawyer-client relationship.
Restrictive covenants are a restraint of trade, and because of that they are unenforceable if they go further than is reasonably necessary to protect the legitimate business interests of the employer.
House File 51 allows homeowners with restrictive covenants written into their properties' historical abstracts to attach an affidavit forswearing that antiquated segregationist practice.
Lipari represents employers of all sizes in litigation related to discrimination, whistleblowing, wage and hour, restrictive covenants and benefits/leave actions under federal and state employment statutes.
C&W responded by having its employees sign two-year non-service restrictive covenants under which they promised not to provide services at any locations at which they had worked while C&W employees.

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