The party seeking enforcement of the covenant has the burden of proof on every element. The party resisting enforcement of the covenant has the burden of proving the existence of undue hardship, if raised as a defense.(Act 2015-465, §5.)
Alabama Legal Code
Section 8-1-194 - Burden of Proof
Source: https://alison.legislature.state.al.us/code-of-alabama?section=8-1-194· Version 2026