What is a restrictive covenant that runs with the land?
Alberta, Canada
The following excerpt is from Lindner v. Chittick, 2010 ABQB 819 (CanLII):
A restrictive covenant is “an unusual type of contract, in that the burdens and benefits of the contract run with the land, and are enforceable by and against the particular owners of the land from time to time”: Potts v. McCann, 2002 ABQB 734, 325 A.R. 137 at para. 14. The first step is to determine whether the restrictive covenant is indeed a valid restrictive covenant that runs with the land or is only a personal contract.
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