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Not the owner. I have a long lease. Am I prohibited from objecting to a modification of a covenant?

Washington, DC |

Who are the "persons entitled" to vary and/or object to modification of a restrictive covenant?

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Attorney answers 1


Commonly a lease does not convey a right to object to permanent controls on the property such as covenants or even conveyance of the land to a new owner. However, you should should review your lease for any terms that relate to this specifically. Your lease is the agreement that controls what rights you do and do not have to the property. However, even if you do not have direct control over whether a property is burdened by a covenant or not, you may have grounds to object to an action your landlord is taking if it will impinge on your ability to use the land as has already been agreed to, in other words it is possible you would have grounds to argue that your landlord has breached the lease agreement and your right to use the land under that agreement if the covenant so restricts the property. You should hire an attorney to review your lease, and the propesed covenant before the covenant is finalized and recorded so that if you have grounds for an objection that can be worked out with the landlord prior to the covenant being recorded.

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