Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real estate practice at Farrell Fritz, we have seen two alarming examples.

When comparing homes to buy, you may discover that some communities have restrictive covenants in place. These housing rules are most common in condominiums, townhomes, planned communities and ...

Consider the following fact pattern: In 2006, Acme Sandwich Company hired Jane Doe to make sandwiches at one of its shops in Roseland, New Jersey. At that time, Acme required Jane to sign an ...

Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before ...

Attorneys at Reed Smith LLP discuss Delaware courts' increasing scrutiny of restrictive covenant agreements and offer ...

Using a restrictive covenant in a 1938 deed, neighbors in the Tara-Leeway Heights neighborhood convinced a developer to build a single-family home instead of a duplex. The home, 1313 N. Harrison ...

People often misunderstand the distinction between restrictive covenants and zoning. Here’s my stab at setting the record straight. Restrictive covenants (which are sometimes called “protective ...

So-called “restrictive covenants,” forbidding the sale or rental of real estate to people based on their race or ethnicity, were commonplace in the middle of the 20th century, and many current real ...

Employers rely on these provisions not only to protect trade secrets and client relationships, but to protect the return on their substantial investments in employee training. At the same time, ...

February 17, 2022 - Restrictive covenants were once the exclusive province of the common law in each state. That is no longer the case. So far, the applicable law remains state law (although there are ...

One of the most effective ways for a business to prevent loss of valuable intellectual property is through confidentiality agreements and post-employment restrictive covenants. Although ...

Discover how a negative covenant limits company actions, maintaining compliance by restricting activities without bondholder approval. Learn its role and impact.