Does the Restrictive Covenant constitute a building scheme and is valid?
Alberta, Canada
The following excerpt is from Barker v. Palmer, 2005 ABQB 815 (CanLII):
As all of the requirements set out in Elliston v. Reacher are met, the Restrictive Covenant constitutes a building scheme and is valid. Section 48(4) of the Land Titles Act
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a party who is not an applicant in a restrictive covenant action against a party that is not a party to the restrictive covenant? (Alberta, Canada)
What is the test for breaching a restrictive covenant in a condominium scheme? (Alberta, Canada)
Can a restrictive covenant be valid at equity? (Alberta, Canada)
What is the test for a valid building scheme? (Alberta, Canada)
When a business is sold and the former owners of the business are restricted from competing directly with the new business, can the new owners enforce restrictive covenants? (Alberta, Canada)
Is a caveat in issue sufficient to constitute a building scheme? (Alberta, Canada)
Is a general advertisement sufficient to constitute a breach of a non-solicitation covenant? (Alberta, Canada)
What is the test for service in a restrictive covenant? (Alberta, Canada)
How have restrictive covenants been interpreted in the context of real estate law? (Alberta, Canada)
Is a covenant to maintain an open, unassuming garden "in an open state, uncovered with any buildings"? (Alberta, Canada)
