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In some cases property owners can petition a court to remove or modify the covenants, and homeowner associations may include procedures for removing the covenants. The covenant may be negative or affirmative. A negative covenant is one in which property owners are unable to perform a specific activity, such as block a scenic view.
The California Style Manual was first published in 1942 by Bernard E. Witkin, who was the California Reporter of Decisions from 1940 to 1949. Originally intended primarily for court staff and the Reporter of Decisions themselves, the Manual soon became popular amongst attorneys.
In most jurisdictions, courts routinely "blue pencil" or reform covenants that are deemed not reasonable. The blue pencil doctrine gives courts the authority to strike unreasonable clauses from a non-compete agreement, leaving the rest to be enforced, or actually to modify the agreement to reflect the terms that the parties originally could have and probably should have agreed to. [3]
A recent example is the California Electronic Discovery Act, which was vetoed in October 2008 (along with many other bills) by Governor Arnold Schwarzenegger simply as his expression of disgust with the Legislature's inability to fix the state's dysfunctional budget, rather than because of any substantive defect in the bill itself. [21]
In turn, it was the California Practice Act that served as the foundation of the California Code of Civil Procedure. New York never enacted Field's proposed civil or political codes, and belatedly enacted his proposed penal and criminal procedure codes only after California, but they were the basis of the codes enacted by California in 1872. [11]
The notion of positive and negative rights may also be applied to liberty rights. To take an example involving two parties in a court of law: Adrian has a negative right to x against Clay, if and only if Clay is prohibited to act upon Adrian in some way regarding x.
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Negative covenants may be continuous or incurrence-based. Violations of negative covenants are rare compared to violations of affirmative covenants. With most debt (including corporate debt, mortgages and bank loans) a covenant is included in the debt contract which states that the total amount owed becomes immediately payable on the first ...