Legal Question in Real Estate Law in Illinois

Restrictive Covenants

Facts:

Party A acquires Property #1 from Party B for a ''specified use''.

In the contract for purchase of Property #1, Party A asks for and receives from Party B a Restrictive Covenant against the ''specified use'' on a totally unrelated, not connected, nearby Property #2, also owned by Party B.

Party B now desires to sell Property #2 to Party C.

Is Party C bound by the Restrictive Covenant on Property #2 or does the Restrictive Covenant apply only to Party B's use of Property #2?


Asked on 11/11/03, 5:44 pm

2 Answers from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Restrictive Covenants

Typically, restrictive covenants run with the land. However, they must be drafted correctly and there are some that will not be upheld by the courts.

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Answered on 11/14/03, 11:33 am
John Pembroke John J. Pembroke & Associates LLC

Re: Restrictive Covenants

I can't answer definitively without looking at the written documents, and whether or not they are recorded in the chain of title for the relevant parcels. However, restrictive use convenants generally "run with the land", and subsequent landowners may be bound. Theoretically, if the restrictive use is violated, the property reverts to the original grantor placing the restrictive use on the property, or his heirs. Having said that, not all restrictive convenants are enforceable. YOu don't give details on the nature of the restriction.

If you are considering purchasing or using this parcel, you should consult a lawyer, and give them copies of the documents.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 11/14/03, 12:53 pm


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