Restraint on Use Law and Legal Definition
Restraint on use refers to the restraint on the use of property imposed by testator or grantor which is inconsistent with the estate devised or granted.
A general restraint on the use of property is void. But a covenant which is only partially restrictive of trade and competition is valid if reasonable between the parties and not injurious to the public. The reasonableness of a restraint on the use of property is to be determined by considering whether it is such only as to afford a fair protection to the interest of the party in favor of whom it is given, and not so large as to interfere with the interest of the public. [Hercules Powder Co. v. Continental Can Co., 196 Va. 935 (Va. 1955)].
