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.

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 ...

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 ...

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 ...

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 ...

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, ...

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 ...

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 ...