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Flashcards in week 7 - terms Deck (5)
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What is a restrictive covenant ?

A restrictive covenant is a clause in a deed or lease to real property that limits what the owner of the land or lease can do with the property.


When are restrictive covenants valid?

To protect a legitimate interest
& must be reasonable
between the parties
by reference to public interest
& must go no further than is reasonably required


Give some examples of legitimate interests

Confidential information
Trade secrets
Intellectual property


Give commercial examples when assessing reasonableness

Type of business
Radius of likely custom
Location and geographical factors


Give some personal examples

Nature of job/work
Senior or junior
Executive or routine administration