Also known as: restrict · restricts · restricted · restricting · restrictions · restrictive covenant
Written by attorneys · grounded in primary & secondary sources — see below
A limitation or qualification imposed on conduct, rights, or the use or enjoyment of property. The limitation may arise by agreement, statute, judicial rule, or other legal instrument and operates to confine the scope of permitted action or interest.
Regina Robinson defaulted on her mortgage to Redwood Bank after missing several payments. The bank foreclosed and the property sold for less than the outstanding debt. Redwood Bank then pursued a deficiency judgment against Regina for the shortfall under state law that permitted such recovery.
Judge Robert Rivera referenced the defendant's national origin during sentencing because the factor bore directly on the defendant's immigration status and eligibility for certain programs. The reference stayed within the bounds of legitimate consideration rather than manifesting bias.
Select any source to read its text and confirm it supports the definition.
Redline Automotive's operating agreement barred departing partner Rowan Russell from practicing automotive law in the same city for two years after withdrawal. The clause was challenged as an improper restriction on the right to practice under professional conduct rules.
Renee Rogers granted Ralph Richardson permission to store equipment on her lot only until the end of the month. When Ralph remained after the period expired, the consent terminated and his continued presence became a trespass.
Rachel Ramirez granted an irrevocable right to cross her land for access but refused to record any negative restriction preventing her from building. The interest was treated as an easement rather than a restrictive covenant under the applicable property classification.
The President issued an order limiting entry by nationals from several countries for national security reasons. Courts reviewed the order under rational basis scrutiny and upheld it despite claims of improper motive.
A restriction on the right to practice law arises in partnership or settlement agreements and is prohibited except in narrow retirement contexts. A restriction on property use appears in deeds, servitudes, or zoning and limits enjoyment or transfer of land. Both operate as limitations but are governed by distinct bodies of rules.
Consent ends when the specified period lapses, the stated area is exceeded, or the possessor revokes permission of which the actor knows or has reason to know. Continued presence after termination converts the entry into a trespass.
Yes. State statutes may prohibit or limit deficiency judgments when the foreclosure sale price falls short of the debt. The mortgagee then recovers only the sale proceeds and cannot pursue the mortgagor personally for the balance.
No. A judge may legitimately reference race, national origin, or similar factors when they are relevant to an issue in the proceeding. The reference must not manifest bias or prejudice.
Courts apply at most rational basis review in immigration and foreign affairs. An order survives if it states a legitimate national security purpose and bears a rational relationship to that purpose.
…the Constitution. This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision…