The Lands Tribunal has power in certain circumstances to modify or discharge restrictive covenants
where the original purpose of the covenant has become inappropriate.
Such restrictions may include, but are not limited to, deed restrictions, restrictive covenants
or conservation easements.
In the result, the whole restrictive covenant
was struck out as unenforceable because of the ambiguity created by the generic word "Metropolitan.
Although the enforceability of a restrictive covenant
may be uncertain, an employee will pay a price to find out.
In any event, care should be taken to determine if there is any legislation which would affect the enforcement of restrictive covenants
in your state.
This case is contrary to the trend in many jurisdictions to modify or rule restrictive covenants
335 sets forth the main factor to determine whether a restrictive covenant
is enforceable or not: the "legitimate business interest.
There was, however, a restrictive covenant
in place which limited its use to a coach depot.
When a director or senior manager quits a company for a competitor, many people still believe there is little they can do about it, even if the leaver had a restrictive covenant
in his contract.
On February 27, 2004, the Department of Finance released Legislative Proposals to amend various provisions of the Income Tax Act, including the taxation of amounts received or receivable in respect of granting a restrictive covenant
From a tenant's perspective, the best security is to require a restrictive covenant
from the owner that prohibits the owner from leasing space to a potentially competing tenant.
But, in this instance, the most important restrictive covenant
is that no householder can keep a caravan on their land.