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Chapter
Restrictive Covenants
DOI link for Restrictive Covenants
Restrictive Covenants book
Restrictive Covenants
DOI link for Restrictive Covenants
Restrictive Covenants book
ABSTRACT
Restrictive covenants are contractual terms which restrict the use of land. These terms are usually found in conveyances between an owner of land and one purchasing a part of it, enjoining the latter to use or abstain from using the land purchased in a particular way. The restriction on the defendant’s right as to where he might build on his lot was considered as a restrictive covenant. Where there is a contractual relationship between the parties all covenants can be enforced by or against each other. The parties are then liable on or entitled to enforce the covenants because of the contractual relationship existing between them. The common law allowed a successor in title to enforce a covenant against the original covenantor under certain circumstances. The successor in title should have obtained the same legal estate as was vested in the original covenantee.