Restrictive covenants are agreements that limit what you can do with your property. They're usually put in place to protect the community or neighbouring properties. The enforceability of restrictive covenants depends on several factors, including the language of the covenant, the purpose of the covenant, and the laws of the jurisdiction in which the property is located. Keep reading to know who can enforce a restrictive covenant.Take the Help of NoBroker’s Verified Lawyers to Remove Restrictive Covenants in Your Sale AgreementCan restrictive covenants be enforced?In short, yes restrictive covenants can definitely be enforced. It can be enforced by the owner of the property, the owner of an adjacent property, or a local government or community association.Who enforces restrictive covenants?If someone violates a restrictive covenant, anyone with a legally recognized interest in the property can enforce it. This can be the property owner, a neighbour, or a local government or community association.However, not all restrictive covenants are created equal. Some covenants may be too restrictive or arbitrary, and therefore, unenforceable. To be enforceable, a restrictive covenant must be properly recorded and written in clear, specific language. It must also be tied to a specific property and not violate any laws.Enforcing a restrictive covenant can be a hassle. If someone violates the covenant, you'll need to take legal action. This could mean filing a lawsuit and going to court. However, in some cases, it might be possible to resolve the matter through negotiation or mediation.This is all from my end on who can enforce a restrictive covenant. Read more: What is a covenant?How to get title deeds of property?
Who can enforce a restrictive covenant?
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February 7, 2023
2023-02-07T15:54:54+00:00 2023-02-07T18:54:19+00:00Comment
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