Affirmative & Restrictive Real Covenants
Okay, the secret is out. I am currently studying for my bar exam. In the process, I must study real property law and other areas of law that pertain to real estate and may be helpful to a real estate or land investor. I figured since I was studying anyways, I might as well put each topic one video at a time. I also started a YouTube channel which can be seen here.
Real Covenants. A real covenant is "a promise that concerns the use of land." There are two types of covenants; (1) a restrictive covenant and (2) an affirmative covenant.
Restrictive covenant: Promises not to do something.
Affirmative covenant: Promises to do something.
For example, if someone has 100 acres and is looking to sell 50 to a homesteader, he may include a covenant that states that the homesteader is to only build his barn a certain way to keep the aesthetic appeal of the neighborhood. This would be an affirmative covenant.
If the land owner has a covenant that states that the homesteader may not build a barn; this would be a restrictive covenant.