Consultation Paper on Restrictive Covenants
74 Pages Posted: 17 Jul 2011
Date Written: July 11, 2011
A covenant running with land is an obligation owed by one landowner to another that is enforceable between successors in title or interest of the original parties. While originating as a contractual obligation, a covenant running with land derives many of its characteristics from property law. A familiar and frequently encountered type of covenant running with land is the restrictive covenant. While restrictive covenants have only been recognized since the mid-nineteenth century, the rules surrounding them are firmly established.
The Project Committee believes the reforms covered by the tentative recommendations in this consultation paper are timely and will simplify and rationalize the law of covenants affecting land. Comment on these tentative recommendations is invited from all interested sectors.
Keywords: land, real property, housing, tenancy & neighbours, restrictive covenant, Land Title Act, Property Law Act
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