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Topic: Restrictive covenants

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	Restrictive covenant - Wikipedia, the free encyclopedia
		A restrictive covenant is a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something.
		Covenants were originally enforced in equity as servitudes for the benefit of the owners of land affected thereby.
		A restrictive covenant differs from a zoning regulation in that its creation and enforcement is a matter of contract between the landowners whose properties are affected by it, rather than an exercise of the governmental police power.
	en.wikipedia.org /wiki/Restrictive_covenant (515 words)

	AMA (Legal Issues) Restrictive Covenants (Site not responding. Last check: 2007-10-21)
		A restrictive covenant is a contractual provision between a physician and his or her employer which prevents the physician from practicing in a specified geographic area for a given period of time if the physician's employment terminates.
		Restrictive covenants (also called covenants not to compete) are primarily protective mechanisms used by employers to shield their patient bases and referral sources from competition.
		Courts have struggled to balance well-established legal precedent supporting covenant enforcement in the healthcare setting with developing public policy concerns such as ensuring a physician's professional autonomy and a patient's freedom to be treated by the physician of his or her choice.
	www.ama-assn.org /ama/pub/category/12716.html (485 words)

	Restrictive Covenants in Shopping Center Lease
		Harmor and Gourmet argued that the restrictive covenant in the Harmor-Elida lease was an unlawful restraint of trade in violation of antitrust laws and was therefore unenforceable.
		It said that the restrictive covenant was “per se” unreasonable and contrary to the state’s antitrust act.
		Of interest here, however, is the court’s statement as a premise of real estate law that because “restrictive covenants, especially those endeavoring to restrict commercial activity for competitive advantage, are not favorites of the law, those who seek to benefit from them must expect that their terms and effectiveness will be strictly construed.
	www.cga.ct.gov /2004/rpt/2004-R-0516.htm (1125 words)

	Real Estate Questions and Answers
		Some restrictive covenants may define the maximum and minimum square footage of homes to be built and define further limitations regarding construction of other buildings upon the residence.
		Restrictive covenants must be in writing and must be signed to be enforceable.
		Typically, restrictive covenants run with the land, meaning that they will continue to apply to the real estate even after the original owner of the real estate at the time of execution of the restrictive covenant transfers it to another person.
	www.lawchek.com /resources/forms/que/restcoven.htm (310 words)

	ASCRS: Restrictive Covenants
		Surgeons may be asked to enter into terms of employment that entail a "restrictive covenant" or "covenant not to compete" upon their voluntary separation or involuntary dismissal from that employment.
		Any restrictive covenant that interferes with the uninterrupted delivery of qualified surgical care to patients is considered unethical.
		While the College recognizes the intent and the perceived necessity of restrictive covenants, members of the College are advised to review restrictive covenants contained in proposed contracts and to negotiate mutually agreeable terms.
	www.fascrs.org /displaycommon.cfm?an=1&subarticlenbr=322 (152 words)

	BCCLA Position Paper: Restrictive covenants, 1968
		Restrictive covenants are interests in land registerable as charges under the Land Registry Act R.S.B.C. Not all covenants submitted for registration are accepted as the Registrar is allowed some discretion under the Act.
		A restrictive covenant, providing that "land not to be sold to Jews, or to persons of objectionable nationality", was held to be void as (1) contrary to public policy, (2) a restraint upon alienation (3) for uncertainty.
		The former is seldom certain whether he or she is bound by a covenant but submits to it anyway because of the inherent difficulty of obtaining a ruling.
	www.bccla.org /positions/discrim/68covenant.html (1805 words)

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		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 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.
	www.washingtonpost.com /wp-srv/business/longterm/glossary/n_z/restrictive_covenants.htm (167 words)

	Restrictive Covenants (Site not responding. Last check: 2007-10-21)
		A restrictive covenant is an agreement not to compete in an employer's service area for a period of time following termination.
		To construct a restrictive covenant, both parties must know the laws regarding enforceability where the employment is to occur.
		Reasonableness is determined by considering the effect of the restrictions on the parties and the public, the extent of the geographic and durational limitations and the scope of the prohibited activities.
	www.aao.org /careers/employment/restrictive.cfm?RenderForPrint=1 (358 words)

	Scrutinize restrictive covenants (Site not responding. Last check: 2007-10-21)
		Nonetheless, restrictive covenants remain a fixture in physician employment contracts and also appear frequently in shareholders’ agreements executed when a physician acquires an ownership interest in a practice, and in asset purchase agreements executed in connection with the sale of a physician’s practice.
		Restrictive covenants often contain a great deal of language about the employer’s recourse in the event the covenant is breached by the physician-employee.
		Restrictive covenants continue to be used widely in physicians’ employment, shareholders’ and asset purchase agreements, and their provisions are generally enforceable in most jurisdictions.
	www.physiciansnews.com /law/697wyatt.html (1181 words)

	Restrictive Covenants in Physician Employment Agreements (Site not responding. Last check: 2007-10-21)
		For example, a restrictive covenant which would bar a surgeon from opening an office within five miles of each of the major hospitals in a county, would, in effect, bar the physician from the county, although there might be many locations in the county at which he could rent office space.
		Similarly, restrictive covenants which would prohibit a physician from obtaining or maintaining privileges at certain hospitals might have the effect of barring the physician from an excessive geographical area, depending on the nature of his speciality and the number of hospitals involved.
		The usual means by which a restrictive covenant is enforced is by way of an emergent application for an injunction on the former employee-physician, restraining him from engaging in the practice of medicine within a certain area for a certain period of time.
	www.giblinandcombs.com /Articles/RCOV0000a.html (2529 words)

	Land Compensation : Section 6 : Incidents Affecting Value - Restrictive covenants and onerous conditions (Site not responding. Last check: 2007-10-21)
		The DV should obtain from acquiring authorities particulars of any restrictive covenants running with, or sought to be imposed by the vendor on, land to be purchased for public purposes.
		Where it is disclosed during negotiations that the land is already subject to restrictions of which the acquiring authority may not be aware or where the vendor maintains a desire to impose a restrictive covenant, or other onerous condition, the DV should furnish particulars to the authority and ask formally for its views.
		Upon request to negotiate terms for the waiver of a restriction by agreement the DV should endeavour to reach a settlement on terms which he can recommend as reasonable in the circumstances, but as the final decision lies with it the authority should be consulted before any provisional settlement is made.
	www.voa.gov.uk /instructions/chapters/land_compensation_ch5/sect6/s6.htm (1302 words)

	FFHA: Restrictive Covenants
		This declaration of Restrictive Covenants is made and entered into this 28th day of August, 2000, by and among the property owners in Fairview Forest, a Planned Community in Fairview Township, Buncombe County, North Carolina.
		These Restrictive Covenants may be amended only by a signed, affirmative vote by property owners to which at least sixty-seven percent (67%) of the votes in the Association are allocated.
		No provision in these Restrictive Covenants, the Bylaws or the Articles of Incorporation shall be deemed to have been waived, abandoned or abrogated by reason of failure to enforce them.
	www.fairviewforest.com /covenants.html (5061 words)

	PROPERTY CODE - CHAPTER 202 (Site not responding. Last check: 2007-10-21)
		The term includes a declaration or similar instrument subjecting real property to restrictive covenants, bylaws, or similar instruments governing the administration or operation of a property owners' association, to properly adopted rules and regulations of the property owners' association, or to all lawful amendments to the covenants, bylaws, instruments, rules, or regulations.
		A dedicatory instrument or restrictive covenant may not be construed to prevent the use of property as a family home.
		However, any restrictive covenant that applies to property used as a family home shall be liberally construed to give effect to its purposes and intent except to the extent that the construction would restrict the use as a family home.
	www.capitol.state.tx.us /statutes/docs/PR/content/htm/pr.011.00.000202.00.htm (569 words)

	Restrictive covenants did not bind successors in title - UK Commercial Arbitration Law Developments (Legal500.com)
		A stark contrast in wording between different covenants in a conveyance furnished evidence of an intention to exclude s79 of the Law of Property Act 1925, with the result that a covenant restricting the sale of alcohol could not be enforced against the subsequent owners of land.
		The covenant was given for the benefit of land which the council sold, in 1962, for use as a public house, but the covenant was silent as to its effect on the land that the council was retaining.
		Their covenants were made 'with intent and so as to bind so far as practicable the property hereby conveyed into whosesoever hands the same may come'.
	www.icclaw.com /devs/uk/cp/ukcp_159.htm (386 words)

	The Scope of Enforceable Restrictive Covenants in the High Tech Age (Site not responding. Last check: 2007-10-21)
		Although restrictive covenants are typically disfavored in the law as they may unduly restrict the ability of an individual to earn a livelihood in her chosen occupation, such covenants will be enforced by the courts in New York and New Jersey, where the restrictions are reasonably limited in both duration and geographic location.
		The courts have found restrictive covenants to be reasonable where they protect an employer's legitimate interests, impose no undue hardship on the employee bound by the covenant, and are not otherwise injurious to the public.
		A restrictive covenant, therefore, must be reasonable as to the time, area, and scope of activity necessary to protect the legitimate interests of the employer.
	www.lowenstein.com /new/Restrictive_Convenants.html (1453 words)

	Holme Roberts & Owen LLP (Site not responding. Last check: 2007-10-21)
		If an employee will be asked to sign a restrictive covenant such as a non-compete or non-solicitation agreement, it is best to disclose that fact during the interview process and to inform the applicant that execution of a restrictive covenant is a condition of employment.
		Because the restrictive covenant was unenforceable under California’s non-compete statute, the appellate court concluded that the termination violated California public policy.
		The common law said that a restrictive covenant was only enforceable when necessary to protect either trade secrets or customer contacts and must be reasonable as to time and place.
	www.hro.com /news_letters_display.cfm?idnum=342 (1505 words)

	Restrictive Covenants with Employees \| workforce.com
		While the validity of the restrictive covenant generally depends on the laws of the state where the employee works, most courts, not surprisingly, remain reluctant to enforce restrictive covenants in an economy in which unemployment is high.
		Unlike the breach of restrictive covenants—the theft of confidential information—breaches of fiduciary duty and loyalty are difficult cases for a company to prove.
		Before executing restrictive covenants and other agreements with employees, give significant thought to what assets must be protected, how far the company will go to protect them and whether or not the covenant will, ultimately, be enforceable in court.
	www.workforce.com /section/03/feature/23/77/08/index.html (1411 words)

	McLane, Graf, Raulerson & Middleton \| News and Information > Restrictive Covenants: A Multi-State Survey Of ... (Site not responding. Last check: 2007-10-21)
		The restrictive covenant in the employee's initial contract provided that, "upon termination of the Doctor's employment," he would not compete with the employer within a 10 mile radius for 2 years, and it expressly stated that the covenant would survive the termination of the employment contract.
		The restrictive covenant prohibited Ruppert from "directly or indirectly, assist[ing] or encourag[ing]" any other person to compete with White Cap, and the company argued that the employee violated this provision "because his silence assisted and encouraged" the local branch manager "in carrying out his plans to compete." 67 P.3d at 319.
		Under Oregon statutory law, a restrictive covenant is unenforceable unless it meets one of three conditions: it must be (1) "entered into upon the initial employment of the employee with the employer," Or.
	www.mclane.com /news/publications/employment/judicial_survey.html (8051 words)

	RESTRICTIVE COVENANTS/SERVITUDES/TITLE UNDERWRITING
		When interpreting a restrictive covenant, courts must "follow the dictates of plain English." Courts will enforce a covenant as written that is clear on its face.
		The court went on to distinguish this covenant by saying that it restricted the structures on the property to a primary dwelling and a secondary residence and the use to only those activities associated with single-family dwellings.
		The court cited to cases in Alabama, Texas, California, and North Carolina where restrictive covenants limited uses to residential purposes and the courts concluded that an access easement was not a residential purpose.
	www.firstam.com /landsakes/html/email/031502restrict.html (1030 words)

	Dorsey & Whitney LLP: Publications: Legal Updates: Mergers & Acquisitions: Post-Employment Restrictive Covenants In the ...
		Even in jurisdictions where courts are unwilling to proclaim unequivocally that post-employment restrictive covenants are unenforceable by a successor firm, there often is increased skepticism about the validity of restrictive covenants when the acquiring company is seeking to enforce them.
		Judges often are looking for ways in which to limit the enforceability of restrictive covenants, and the absence of an assignability clause in the agreement may provide that justification.
		Given that restrictive covenants have been held to impose a restraint on an employee’s right to earn a livelihood, they should be construed narrowly; and absent an explicit assignability provision, courts should be hesitant to read one into the contract.
	www.dorsey.com /publications/legal_detail.aspx?FlashNavID=pubs_legal&pubid=140694703 (1711 words)

	PROTECTING YOUR TRADE SECRETS AND ENFORCING RESTRICTIVE COVENANTS - TIPS, TRAPS & TECHNIQUES (Site not responding. Last check: 2007-10-21)
		Covenants not to solicit or hire employees of the former employer.
		As a result, "courts have upheld restrictive covenants of extensive or unlimited duration where warranted by the specific circumstances of the case" as well as "restrictive covenants of broad or unlimited geographic scope … where such restrictions were reasonable in view of the specific facts of the case." Ivy Mar, 907 F. Supp.
		For instance, if a covenant lacks a geographic restriction, the court may supply the appropriate terms and read one into the covenant, or if the geographic restriction is ambiguous, the court may interpret it in such a way that it would be reasonable.
	www.thelenreid.com /articles/article/art_124_idx.htm (8949 words)

	Kilpatrick Stockton LLP: Restrictive Covenants
		The Kilpatrick Stockton Restrictive Covenant Strike Force represents clients in all aspects of drafting, interpreting and enforcing restrictive covenants and related confidentiality and trade secret protection agreements.
		Serving as primary counsel in major restrictive covenant litigation and arbitrations, and serving as local counsel for our of state primary counsel.
		Provided restrictive covenant infringement analysis to large joint venture involving potential competition by joint venture members with joint venture entity.
	www.kilpatrickstockton.com /legalservices/services_detail.aspx?ID=RC&Type=Detailed (364 words)

	Racially Restrictive Covenants and Mexican Americans
		Nevertheless, the court upheld the legitimacy of the racially restrictive covenant by sidestepping the traditional doctrine against restrictions on alienation.
		The court held that the racially restrictive covenant was not a restriction on alienation.
		The appellant based his argument on the ground that a restrictive covenant stipulated that the lots shall be limited and restricted to occupancy by "persons of the Caucasian race." However, there was an exception to the restrictive covenant.
	academic.udayton.edu /race/04needs/housing01.htm (2215 words)

	PROTECTIVE AND RESTRICTIVE COVENANTS
		Enforcement of these covenants shall be by court action against any person or persons or other legal entities violating or attempting to violate any covenants, either to restrain violation or to recover damages, and such proceedings may be maintained by any owner of any lot or tract in said subdivision.
		restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of and which shall run with the real property and be binding on all parties having any right title or interest the described properties or any part thereof.
		The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which they shall be automatically extended for successive periods of ten (10) years.
	www.floridamesa.com /covs/floridaacrescov.htm (2227 words)

	Business Lawyers Lewis and Roca - Phoenix, Tucson, Las Vegas, Albuquerque - Practice Areas
		Restrictive covenants, including noncompetition, nonsolicitation and nondisclosure, can serve as contractual barriers against this potential damage.
		Lewis and Roca lawyers have in-depth experience with the law affecting restrictive covenants, as well as the litigation procedures, including temporary restraining orders and preliminary injunctions, for the enforcement of such covenants.
		In addition, Lewis and Roca has frequently been called upon to advise clients in assessing the enforceability of restrictive covenants and to assist in the preparation and negotiation of contracts containing such covenants.
	www.lrlaw.com /practice_area_detail.asp?PracticeAreaID=69&Keyword= (189 words)

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