Are restrictive covenants enforceable in Pennsylvania?
While Pennsylvania courts repeatedly comment that such restrictive agreements are not favored, properly drafted Restrictive Covenants, although strictly construed and narrowly interpreted, are enforceable in Pennsylvania.
Can a restrictive covenant be enforced?
If you decide to ignore a restrictive covenant, or are unaware that one applies to your land and breach it, it can be enforced against you. The most common remedies available to the enforcer of a breach of covenant are compensation or injunctions to prevent you from carrying out the action which is in breach.
What is restrictive covenant in real estate?
A restrictive covenant is an agreement you make with an HOA that limits the way you can use a property. Restrictive covenants are general rules that members of your HOA vote on that all homeowners living in the area must follow. HOA bylaws allow the association to take a wide range of actions to correct a violation.
Can a restrictive covenant be placed on a property?
They can prohibit activities on a property or confine the nature, size and location of construction on the property. Restrictive covenants are placed against title to a property for the benefit of one or more other properties (and the owners of those parcels).
Can a court order the cancellation of a restrictive covenant?
The court can order cancellation for several different reasons. Those include: because of changes in the character of the land, the neighbourhood or other circumstances considered material, the registered charge or interest is obsolete;
Can a Lands Chamber discharge a restrictive covenant?
Section 84 of the Law of Property Act 1925 states the Lands Chamber has the legal discretion to discharge or modify most restrictive covenants affecting land but not all. The tribunal will seek to determine if:
How long does it take to get restrictive covenant removed?
In addition, the application process to have a restrictive covenant modified or removed can take considerable time (potentially 18 – 24 months).
Can a restrictive deed be made in PA?
Restrictive deed covenants in Pennsylvania come in many forms, and are designed to achieve many purposes. It is not uncommon for a deed to contain a covenant preventing a property from being subdivided or used for nonresidential purposes.
Where can I find list of restrictive covenants?
Rather, in most cases, the restrictive covenants are contained within an entirely separate declaration or deed setting forth restrictive covenants that will bind all subsequent buyers of the property.
What’s the difference between an easement and a restrictive covenant?
Easements must be distinguished from restrictive covenants contained within deeds. While an easement is an actual conveyance of some of the grantor’s rights in a parcel of real estate, a Pennsylvania restrictive covenant is not a conveyance, but is a promise to do or not do a particular act with respect to the real estate.
Can a person not use an easement in Pennsylvania?
Even here, the prospects for a successful challenge are not great. In Pennsylvania, mere non-use of an easement does not constitute an abandonment.