Is a restrictive covenant enforceable?
Alberta, Canada
The following excerpt is from Restrictive Covenant Instrument 213AT (Re), 2019 ABQB 309 (CanLII):
In Potts v. McCann, 2002 ABQB 734, Slatter, J., as he then was, held at paragraph 14: A restrictive covenant is a form of agreement between the various owners of the properties in question. It 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.
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