Can a third party enforce a restrictive covenant?
A party seeking to enforce a restrictive covenant against a third party must establish two things: He, the person enforcing the covenant, is entitled to the benefit of the covenant, and. The person against whom he is enforcing the covenant is subject to the burden of the covenant.
What happens if you breach a restrictive covenant?
What happens if I breach a restrictive covenant? If you own a property and unknowingly (or otherwise) breach a restrictive covenant then you could be forced to undo any offending work (such as having to pull down an extension), pay a fee (often running into thousands of pounds) or even face legal action.
Can a commercial easement be transferred to a third party?
Historically, an easement in gross was neither assignable nor inheritable, but commercial easements are now freely transferable to a third party. They are divisible but must be exclusive (the original owner no longer uses it and exclusive to easement holder) and all holders of the easement must agree to divide.
When does a third party assert their rights?
A third party may assert the rights of another person in order to vindicate them when the other person is unable to do so. For example, the US Supreme Court has held that a white person bound by a restrictive covenant not to sell realty to a black person may assert the Fifth or Fourteenth Amendment rights of black persons not before the court.
When is a third party standing in a lawsuit?
(November 2008) Third party standing is a term of the law of civil procedure that describes when one party may file a lawsuit or assert a defense in which the rights of third parties are asserted.
Can a third party bring a claim against a party?
In the United States, this is generally prohibited, as a party can only assert his or her own rights and cannot raise the claims of right of a third party who is not before the court. However, there are several exceptions to this doctrine.