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Refinance > Restrictive Covenants
The following information is about Restrictive Covenants.
Restrictive Covenants Defined
Private restrictions limiting the use of real property. Restrictive covenants are created by deed and may "run with the land," binding all subsequent purchasers of the land, or may be "personal" and binding only between the original seller and buyer. The determination whether a covenant runs with the land or is personal is governed by the language of the covenant, the intent of the parties, and the law in the State where the land is situated. Restrictive covenants that run with the land are encumbrances and may affect the value and marketability of title. Restrictive covenants may limit the density of buildings per acre, regulate size, style or price range of buildings to be erected, or prevent particular businesses from operating or minority groups from owning or occupying homes in a given area. (This latter discriminatory covenant is unconstitutional and has been declared unenforceable by the U.S. Supreme Court.)
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Off-site Restrictive Covenants Links, User Submitted
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- Enforceability of post employment restrictions: CBA Addendum: Trapeze Software Inc. v. Bryans (2007) CanLII 1882 (ON S.C.). IT/NET Inc. v. Cameron (2006) CanLII 912 (ON C.A.), where the following non-solicitati on clause was found to be unenforceable in the circumstances: >4.2 he/she will not attempt to solicit b
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