Does a restrictive covenant on adjoining land automatically pass to the next owner of the land?
Saskatchewan, Canada
The following excerpt is from Bank of Montreal v. University of Saskatchewan, 1953 CanLII 166 (SK QB):
Wide though the rule or doctrine of Tulk v. Moxhay, supra, may be, the mere fact that the owner of a parcel of land, for good and valuable consideration, gives to the owner of adjoining land a covenant restricting the use to which he may put his land does not necessarily mean that the benefit of such restrictive covenant will automatically pass to successive owners of the land of the covenantee merely because it is shown to be advantageous to that land.
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