Can a restrictive covenant be valid at equity?
Alberta, Canada
The following excerpt is from Barker v. Palmer, 2005 ABQB 815 (CanLII):
For a restrictive covenant to be valid at equity, two conditions must be met. First, the restrictive covenant must touch and concern the land of the covenantee or assignee. The Restrictive Covenant in question clearly does so. Second, the benefit of the covenant must have passed to the covenantee or assignee by annexation, by assignment, or under a scheme of development: Crump v. Kernahan at para 12.
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