What is a positive covenant between a party and property?
Manitoba, Canada
The following excerpt is from 4348037 Manitoba Ltd. v. 2804809 Manitoba Ltd., 2003 MBQB 123 (CanLII):
In Marcil v. Chénier, [2002] O.J. No. 2677, Lalonde J. adopted the following definition of a positive covenant from Black’s Law Dictionary which I accept: … ”a covenant that obligates a party to do some act; esp., an agreement that real property will be used in a certain way. An affirmative covenant is more than a restriction on the use of property; it requires the owner to undertake certain specified acts."
"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
Does a joint tenant of a commercial property have to pay occupation rent to the owner of the property, even if there is one joint tenant who abandons the property? (Manitoba, Canada)
Is a party entitled to party and party costs? (Manitoba, Canada)
What is the standard of review and what is the position of the parties? (Manitoba, Canada)
If a decision is not in favour of both parties, should both parties consider retaining counsel? (Manitoba, Canada)
Can an agreement be overborne where the economic positions of the parties have altered and the terms of the agreement have become unfair? (Manitoba, Canada)
What is the test for determining whether a party can obtain damages from a party who infringes the same law? (Manitoba, Canada)
In what circumstances will a party be bound by a third party's expectation of receiving something in return? (Manitoba, Canada)
Is there any case law where an umpire considered information of one party without the knowledge of the other party? (Manitoba, Canada)
Can an application to suppress the true identity of parties to contemplated litigation be made without notice to the other parties? (Manitoba, Canada)
Are party and party costs appropriate on Class III on a motion? (Manitoba, Canada)
