Legal Report: Analyzing Restrictive Covenant Modification in Law

This report, presented as a memo to a state senator, delves into the complexities of restrictive covenants within American property law. It highlights the need for modifications to current regulations to address issues arising from property transfers and the impact of these covenants on real estate development and individual rights. The memo analyzes various legal cases, including Howard v. Kunto and Intel Corporation v. Hamidi, to illustrate the challenges and potential discriminatory effects of restrictive covenants. The report argues for the importance of amending property laws to reduce restrictions, promote fairness, and facilitate smoother property transactions. It examines both the negative consequences of restrictive covenants, such as hindering property sales and potentially discriminating against certain groups, and the positive impacts of modifications, such as enabling easier property transfers and fostering economic growth. The memo emphasizes the need for legal bodies to adapt to evolving market conditions and protect the rights of all parties involved in property transactions, advocating for changes to enhance the efficiency and equity of the real estate market.

Law

EXECUTIVE SUMMARY
American society is facing numerous of issues related with transferral of possession due
to modification in legal laws and orders. As a result societal members wanted to modified current
acts, norms, rules and regulations in order to make healthy decision. Basically, this assignment is
going to design an effective memo for suggesting state of senator to express significance of
modifying restrictive covenant. Therefore, necessary facts or figures are also expressed in this
assignment by analysing the need of alteration in covenant at American marketplace.
Additionally, number of property laws are designed for applying on various complicated
situations faced by legal bodies while transferring a possession from one party to another.
Restrictive covenant is all unusual terms and conditions.

Table of Contents
EXECUTIVE SUMMARY.............................................................................................................2
INTRODUCTION...........................................................................................................................2
MEMO.............................................................................................................................................2
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8
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INTRODUCTION
Legal bodies are involving in amending various types of effective laws or acts in order to
prevent common people from fraudulent activities. However, several members of general
assembly are playing an eminent role in defending society from exploitation in order to create a
state free from wrongful conduct (Liu and et. al., 2012). Common law denotes two useful things
that rely on doctrine of judicial precedent as well as norms under which lower tribunal needs to
follow the judgement of higher courts instead of statutory laws. Therefore, assignment is going
to highlight in-depth understanding on American property law and specific dedication towards
public policies with the help of useful case law. Main objective of this project is to convince state
senator to accept the demand of enforcing particular changes in real property law in order to
reduce possibilities of wrongful activities.
MEMO
MEMO
To:- State Senator
From:- Legislative Intern
Date:- 29th March, 2018
Subject: - “Enforcement of act related with recording of restrictive covenant modification
documents”
Respected,
As a legislative intern, it has been analysed that it is not easy to design an appropriate
report on restrictive covenant because property laws are playing a major role in preventing this
modification. In fact, number of modifications are occurring in American constitution which is
highly difficult to analyse. Moreover, while involving in a negotiation based on enacting a
special act for removing restrictive covenant modification documents in order to reduce
developmental problems which is faced by buyer while transferring property possession. Thus,
before conducting further study, it is essential to understand the actual advantages, needs and
significance of selected subject area with the help of distinct property cases (Law and et. al.,
2013). Furthermore, overall description is going to be mentioned as follows:
Property law (transfer and acquiring of possession) is a region that is going to control
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distinct types of ownership and tenancy in real estate (difference from private or movable
control). As per the civil law, there is a major classification in between movable and immovable
belongings. In America, every individual is highly curious to claim ownership such as home,
ideas, land and so on. Basically, property law is considered as a goods of scarcity and politics
because without scarceness estate law is totally unnecessary as well as politics is also
indispensable for it. Thus, judges, legislative and fiduciary members are responsible to react
towards scarcity by making advisory decision that few persons or a team either be granted or
denied a property right. Hence, all these decisional process are well known as an American law
of property. However, judgement made by political parties are either good or bad because it
fully based on natural law, morality, economy skilfulness and detected utility. In fact, allocation
of property rights are more interesting as compared with other areas due to the involvement of
maximum documents. Howard v. Kunto 477 P.2d 210 (Wash. 1970) is based on transfer of
possession as in this case fraudulent things is identified. It means surveying is necessary while
transferring an ownership in order to identify the actual facts. According to the American
property law, legal dealing of land is seen as a major alternative of money (Ye and et. al.,
2011). In fact, main objective of this report is to pay full attention on amendment regarding
property law in relation with restrictive covenant modification documents. This formal memo is
designed to convince state senator to grant a permission or specific position in general assembly
to vote for enforcing an appropriate act related with transferring of possession. It has been
analysed that American people are facing numerous issues or problems while acquiring
property due to lots of confusion and somehow corruptive activities. As a result, it influences
the judgement of high authority which affects life of common people. In fact, changes are
indispensable at marketplace due to the occurrence of various complicated situations.
Modification is an ongoing process which helps American legal bodies at every extent as they
can easily cope up with numerous cases. According to the case of Pierson, it has been identified
that animals are not having any specific land as they are not belonging to anyone. It means that
injury or killing them is not allowed to common people and as per the American law, it is a case
of injury.
According to survey report, millions of property transferral process is taking place as
demand of real estate is increasing day by day which may increase the work load of legitimate
bodies (Christians, Patton and Law, 2016). At the same time, few problems are also identified
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while performing this activity such as restrictive covenant which means restrictions on
development of specific land without acquiring a prior approval from property owner. Hence, in
this situation, number of options are selected by an individual whomsoever is acquiring
possession of land. Initial one is that developer might ignore the restrictive covenants and prefer
enhancement without acquiring consent. Secondly, if possessor is not agree with this then it is
better to adopt upper chamber of land court under section 84 of property act 1925 in order to
alter as well as dismiss the covenant to allow projected development. As per second option
section 84 (1) (a) states that covenant is totally obsolete, 84 (1) (c) shows that absence of any
damage and so on. It means that modification in covenant documents is very useful as well as
necessary for the development and growth of real estate as due to this right, anyone can restrict
things on the basis caste, race and religion. American parties need to consider current
positioning of property sector as this business is decreasing day by day due to emergence of
several restriction which is applied on buyer while buying a land. Along with this, middle group
of family are encountering major issues because they are not having that much of amount to
deal with different complicated situations (Wang and et. al., 2011).
Additionally, every state of united states is following a mixture of statutory and common
law which is classified into three different levels such as federal, state and local. In today's
scenario, number of incidents are incurred at marketplace because common people are not
having that much knowledge about legal norms. As a result, probability of conflicting situations
is arising at a high level which influence the legitimate bodies and need of emerging distinct
types of act arises. As per the case of Intel Corporation v. Hamidi 30 Cal. 4Th 1342 (2003), it
has been analysed that trespass proceeding is file against Hamidi by Intel organization. As
members of company believing that Hamidi is using a computer system of an association for
passing personal message to Intel employees and trying to influence them with various terms or
conditions. But at the end this conflict is summarized by judgement of court is that no evidence
is identified against Hamidi that he was breached the privacy of Intel computer in order to
acquire address of employees for transferring messages. Thus, modification in common law is
totally based on various cases which are identified in legislation as it encourages advisory
bodies towards alteration as well as amendments of suitable acts. Tribunal is fully rely on an
express terms of document in order to get clear or precise information about the parties.
Therefore, in the case of property possession structured documents needs to be designed for
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future transactions. Modification is an ongoing process which is required at US in order to
implement some changes in constitution, norms, rules and regulations in order to deal with
complicated situation (Leung and et. al., 2013). Economy of a nation always fluctuates due to
reformation in various other factors because judgement of legislative members are based on
consumer’s choices or preferences. Challenges are also emerging in American marketplace due
to restrictive covenants as it may hamper the growth of a land which is automatically connected
with development of a nation.
Coming on analysing various negative impact of restrictive covenant in order to make
corrective decision by understanding the drawbacks of not imposing acts related with this act.
For example; if an individual is transferring a land to desired buyer on certain terms and
conditions like not permitting to conduct changes in specific area is known as a covenant
restrictions. Along with this, putting a condition that buyer is not allowing to further sale it to
any low caste people which shows the sign of restraint on the basis of caste. As a result it may
hamper the mind of others as well as depart weaker sections of society from higher group.
Moreover, it will also create a discriminatory situation that influence the minds of domestic as
well as foreign companies and destroy the peaceful environment of US. Additionally, corporate
world is also get affected by this because transferring of a land is also kind of product buying.
Hence, legitimate bodies needs to focus on this subject area due to its negative impact on
overall nation, society, economical factors, employment, national income and so on (Croxen
and et. al., 2013).
On the other hand, after knowing the negative effect its time to analyse the positive
impact of implementing modification in covenant process. In order to throw light on positivity
of reducing constrictive pledge on specific land let's focus on identifying the reason behind
possession transferral. For instance; if a person is going through a very worst situation and
requires a money to fulfils their requirement then they might choose an option of selling land
for gaining funds. But if he/she is putting a certain conditions while transferring of ownership
like further sale is not allowed specially to inferior group of people. As a result selling become
very difficult but if there is a absence of terms or conditions anyone can buy without any
hesitation because in case of restrictions people avoid to purchase as future is uncertain.
Prediction of a future is an impossible task because no one knows what is going to happen next
due to which people avoid to buy a land under restrictive covenant (Ranzi and et. al., 2012).
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In fact, number of cases are identified which is based on this sparking topic “restrictive
covenant” because this issue is emerging at a large extent in American society. Zerolight Ltd
v Wolff (unrep) (QBD) 5 February 2016 is another case of concerning interim injunctions in
which company is suing an employee to impose restrictive covenants. Basically, in this
situation an organization is expertise in computer gaming software and one employee was
appointing as a programmer but moving in a sales department. Furthermore, left this association
in around 2015 and connected with rivalry that was designing a competing items. As a result,
company identified that employees might transfer the confidential data to their competitor. It
means worker is facing a numerous issue due to leaving a job as case of interim injunction get
filled against him. Moreover, court was also giving a judgement in favour of business who is
protecting their interests from getting misused. Hence, it has been identified that innocent
people are facing numerous of issues due to covenant restrictions and failed in dealing with
unusual circumstances because governing bodies are also giving their decision in the favour of
covenant. In order to minimize these kind of issues legitimate members needs to focus on
understanding drawbacks of subject area for taking further actions. Along with this, it is
essential to negotiate on this topic for reducing discrimination at American marketplace.
Before taking an action on modifying specific subject area it is essential to learn each or
every aspect in order to make corrective decision by attaining the target (LAW and COOPER,
2015). Along with this, an appropriate negotiation must be conducted for clearing all the hidden
factors which is indispensable to understand. Restrictive covenant is one of the sparking
problem that is faced by entire society and as it restricts people in every several situation as well
as create a state of discriminatory. Due to this modification in documents is mandatory in order
to remove discrimination on the basis of caste, religion, sex and so on. It is beneficial for entire
society by providing equal opportunities to every individual living in a community. This
concept is used by the parties while selling or transferring their properties to third person. It
includes about the restrictions imposed upon the party on the basis of colour, race, sex, gender,
national origin etc. This covenant restricts the individual to use their basic rights which
considered as illegal. There is huge need to make modifications in such covenants to bring
transparency in sale agreements. It provides the opportunity to the individuals freely use their
rights and attain proper control over their properties. The major reasons for which need to
modify such restrictive covenants are elimination of covenants, provides the power to fair
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employment and housing department is to ascertain that nothing unlawful is restrictions are
impose on parties, effectively review the language which is used in the sales deeds. It helps in
removal of discrimination among the individuals of society. It provides the opportunity
regarding the development of the values of society and bring equality. To attain the trust of
parties upon the laws which are prepared by government. It facilitates the development and
effective use of land in public interest. Another major importance which gather through
modification is maintenance of privacy, preservation of residential areas, development of the
peace among the individuals of society, providence of freedom to party which holds the
property after transferring. So, it is assumed that modification helps in overall development of
country and make the laws more appropriate which bring more transparency such sale
transactions. It also helps in the development of overall mentality of individuals also (Dorner
and et. al., 2011).
Last but not the least, above information is very useful in understanding the need of
altering current documentary process in American legal bodies as it helps every individual
during transferring of land. Along with this, property transferral law is also mentioned in a deep
sense for analysing the effectiveness of modifying restrictive covenant. Consequently, number
of cases are identified which was filling in a court due to imposing of covenant issue as it may
hamper the development of society, nation and so on.
CONCLUSION
From the above report it has been summarized that legitimate bodies of America are
playing a major role in transferring property from one party to another by enacting distinct types
of laws. Along with this, it helps in minimizing the probability of mistakes and errors which
affects the entire cases of property law. Main objective of this assignment was to design an
impressive memo which is based on highlighting the need of modification in restrictive covenant
which because it affects the development of land. Basically, entire project was based on laws
related with transferring of property. Moreover, showing the need of removing restrictions on
covenant because it may hamper the development of specific land. Hence, above report is used
by state senator in their debate as main aim is to focus on necessary acts that is required at
different stages of possession transferral.
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