What does that even mean?

My thought's are that i'm not sure how enforceable it is because:

(i) its not at all clear what you would actually have to do to comply; and

(ii) my (admittedly now somewhat hazy) recollection is that for covenants to run with the land and be enforceable against successors in title they either need to be negative (i.e. restrictive covenants) and expressed to benefit adjacent land or there needs to be some kind of clear reciprocal benefit/burden (e.g. a covenant to pay money to maintain a private road in return for use of that private road). Not sure there is any such benefit with that covenant so as it appears to be a positively worded covenant it possibly only remains enforceable against the original party (unless you are obliged by a restriction on the title to enter into a deed of covenant in the same form?)

However my main advice would be ASK YOUR PROPERTY LAWYER dealing with the purchase who is qualified and insured to advise you and not a bunch of idiots like me/us on the wrath who are not!

Posted By: Jim on July 27th 2015 at 11:32:20


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