Does a covenant to keep in repair land run with the land?

Saskatchewan, Canada


The following excerpt is from Lampert v. Weber and Doyle, 1923 CanLII 121 (SK CA):

In Austerberry v. Oldham Corpn., 29 Ch. D. 750, 53 L.T. 543, the question was, whether or not the burden of a covenant to keep in repair land granted for the purposes of a road ran with the land so as to render the assignee of the covenantor liable therefor. It was held that it did not. In his judgment, Fry, L.J., after discussing the question whether or not the benefit of such a covenant ran with the land, at p. 784, said: But upon the point whether the burden of the covenant ran with the land of the covenantors, I am clearly of opinion that it did not so run; and I share the doubt which has been expressed by my learned brothers whether in any case, except that of landlord and tenant, the burden of covenants of this description does ever run with the land.

Other Questions


Can the owner of land adjoining the railway right-of-way and such land recover damages from a defect in the fence between the right of way and the land adjacent to the railway? (Saskatchewan, Canada)
Does a restrictive covenant on adjoining land automatically pass to the next owner of the land? (Saskatchewan, Canada)
Can a farmer who is not a resident of a parcel of land claim an actual occupation of the land? (Saskatchewan, Canada)
Does a lessor have covenanted that neither he nor his "assigns" will erect or permit a building in front of the building line on land adjoining the lessor's premises? (Saskatchewan, Canada)
Is the material used in the repair of shoes considered a factor in determining the amount of material that enters into the repairs of shoes? (Saskatchewan, Canada)
How is a piece of property treated when it is not otherwise attached to the land as part of the land? (Saskatchewan, Canada)
What is the test for success in a personal injury action brought by a farmer who claims to have lost his right to land on his land? (Saskatchewan, Canada)
Does the Crown have to pay compensation for injurious affection to land where no land has been expropriated? (Saskatchewan, Canada)
Is a covenant not a covenant? (Saskatchewan, Canada)
Does the severe rule apply if the owner of the land was able to personally extract the substance from the land? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.