Our experienced attorneys can help address your legal issues
Real property law cover covers a wide range of legal matters. This includes real covenants and other real estate agreements. However, making sense of a real covenant can be complicated, especially if such an agreement has been in place for decades or perhaps even longer.
That’s why it’s critical that you consult with an attorney familiar with the real covenant laws in your state who can explain how such agreements may apply to your particular real estate issue. Otherwise, you could encounter legal problems associated with an existing or prospective real covenant.
Our attorneys at Eller Tonnsen Bach, LLC can help you every step of the way. We have years of experience dealing with business litigation matters throughout South Carolina and North Carolina. That’s why we have the knowledge and the expertise you need to navigate your way through any legal issues associated with real covenants.
What are real covenants?
A real covenant (or “restrictive deed covenant”) is a legal term used to describe a legally binding agreement regarding the use of a particular piece of property. Real covenants are similar to real estate easement agreements. The main difference is real covenants normally state what the property cannot be used for, whereas many easement agreements concern how a particular piece of property can be used. As a result, real covenants are often referred to as negative easements since they prohibit a specific use on the property. In contrast, easements that allow a specific use on a property are often known as affirmative easements.
Examples of real covenants often involve properties covered by a homeowners association (HOA). Examples of HOA real covenants include:
- Restrictions on what color a house or building on the property can be painted.
- Restrictions on property owners renting out the property to someone else.
- Requirements to maintain the property to a certain standard.
- Restrictions on what pets property owners are allowed to own.
Real covenants are connected to a specific piece of property rather than a particular property owner. As a result, real covenants apply to a specific piece of property regardless of who knows it. This type of real estate agreement is often referred to as a “covenant running with the land.”
What legal issues come up involving real covenants?
Many legal issues often come up when dealing with real covenants. Such issues may include:
- The supposed real covenant is not in writing.
- Property owner attempts to change a real covenant without permission.
- Property owner attempts to void a real covenant without permission.
- Property owner violates the terms of a real covenant.
- Someone attempts to use a piece of property in direct violation of a real covenant.
Property owners or prospective buyers or sellers often become embroiled in complex real estate disputes involving real covenants. This is especially true if one property owner makes a claim about the covenant that runs contrary to the actual agreement. If such disputes cannot be resolved, the sale or purchase of the property in question could be jeopardized. That’s why it’s critical to consult with an experienced attorney to learn more about your legal options.
How are real covenant disputes resolved?
There are many different ways real covenant disputes can be resolved. Such solutions may include:
- Negotiate a release or a variation to an existing real covenant.
- Petition a court to have a real covenant removed on a property.
- Merge the title for two adjacent properties into the same title, which often results in an any existing real covenants being removed from the property.
These are just some of the solutions for resolving many disputes often associated with real covenants. Each case often has its own, specific legal challenges. An experienced attorney can help you address these legal matters and work with you to develop a strategy that produces a positive outcome.
Why you should choose our law firm
Our firm has a well-earned reputation for successfully resolving complex legal disputes. In addition, we respect our clients’ desire to resolve such disputes in a timely, cost-effective manner. That’s why we’re the law firm many professionals, business owners and Fortune 500 companies choose to handle their real covenant dispute.
You’ll notice the difference the first time you meet with us. We take the time to find out the exact nature of the legal issues facing you or your company. We then get straight to work researching and building the strongest possible legal case. Our hands-on, proactive approach consistently produces measurable results.
Put your trust in the law firm professionals trust when it matters most. Contact us and schedule an appointment with an attorney at one of our three office locations in South Carolina and North Carolina.