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.

A Raleigh developer wants to build 12 four-story townhouses at 524 and 528 Barksdale Drive in east Raleigh’s Woodcrest subdivision. The city has approved the project but Steve Sypher, owner of Steve ...

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 ...

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 ...

The enforceability of restrictive covenants in the United States is currently governed by state law, although that may change if federal rules or legislation are enacted to address such covenants.

We've had an offer accepted on a house which is being sold by the local diocese. However, the title deeds have given us cause ...

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, ...

LAKE COUNTY, Ill. (WLS) -- When Nicole Sullivan moved into her neighborhood in unincorporated Mundelein about ten years ago she discovered a restrictive covenant in her property deed. It was written ...

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 ...

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 ...

Restrictive covenants are the prenuptial agreements of the accounting world. But while many on the employee side tend to view them as impediments, they are necessary for the protection of the firm. In ...

October 1, 2021 - Courts in most U.S. jurisdictions have long applied close scrutiny when assessing the enforceability of restrictive covenants that purport to bar employees from engaging in ...