Does the burden of a covenant not involving a grant run with the land?
Ontario, Canada
The following excerpt is from Cities Service Oil Co. Ltd. v. Pauley, 1931 CanLII 176 (ON SC):
2. That the burden of a covenant not involving a grant never runs with the land except as between landlord and tenant. Austerberry v. Oldham Corporation (1885), 29 Ch. D. 750, applied and followed. The fact that the plaintiff company was the mortgagee of the land, and therefore the owner of the legal estate, was not sufficient to take the case out of the rule.
3. The covenants in the agreement, though affirmative in form, are restrictive in substance, and therefore a breach thereof may be enjoined. Clegg v. Hands (1890), 44 Ch. D. 503, followed.
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