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Future imperfect

Thursday, August 25, 2016 @ 8:00 PM | By Paul Girgulis

Restrictive covenants registered on land can endure the longest of any document you’ll draft — so careful consideration is in order when doing so. In fact, stories have surfaced regarding such covenants thwarting municipal density policies and even standing in the way of healthy retail competition.

A restrictive covenant requires at least two parcels of land — one burdened by the restriction (the servient land), and the other which benefits from the restriction (the dominant land). The restriction must be negative in scope, so that compliance...