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LSDefine
Simple English definitions for legal terms
Restrictive covenant
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A quick definition of Restrictive covenant:
A restrictive covenant is a rule that says you can't do certain things with a piece of land that you own. This rule might be in place to protect the views of other people or to keep the land from being used in a way that would be harmful to the environment. Sometimes, people who live near the land benefit from the rule, but other times it's just the people who made the rule. However, not all rules are fair or legal, and sometimes a court will decide that a rule can't be enforced because it's not fair or because the people who made the rule don't have the right to do so.
A more thorough explanation:
A restrictive covenant is a rule that limits how a property can be used. It is usually included in the paperwork when someone buys or sells a property. The people who benefit from the rule are called beneficiaries. They might be the people who agreed to the rule or other property owners who benefit from it.
One example of a restrictive covenant is a rule that says no trees or plants can be planted that would block the view of the ocean from other properties. In a court case called Ezer v. Fuchsloch, the court ordered property owners to cut down trees that were blocking the view of the ocean because of this rule.
However, not all restrictive covenants are enforceable. In a famous court case called Shelby v. Kramer, the court struck down a rule that said only white people could own property in a certain area. This rule violated the Equal Protection Clause of the Constitution.
Another example is a rule that says a property cannot be divided into smaller pieces. In a court case called Birt v. Ratka, the court said this rule could not be enforced because it did not benefit the people who were trying to enforce it.
These examples show how restrictive covenants can be used to control how a property is used. However, they also show that not all rules are enforceable and that some rules can violate people's rights.