Is a purchaser and/or transferee permitted to run with the land?
Alberta, Canada
The following excerpt is from Marahrens v. Oluk, 1974 CanLII 268 (AB QB):
Secondly, the question is whether the covenants and conditions are expressed in such a manner that they can run with the land. In this regard I respectfully agree with D. C. McDonald J. who said in his unreported reasons for judgment dated 13th March 1974, in dealing with the interlocutory injunction previously mentioned: "The words 'the undersigned, being the registered owner in fee simple of the said lands, and every purchaser and/or transferee from the undersigned, their respective … successors and assigns respectively' are, in my opinion (with which the trial judge may disagree), undistinguishable from the formula described as apt by Romer L.J. in Miles v. Easter, [1933] Ch. 611 at 634-5: '(the) purchasers their heirs and assigns or other the owner or owners for the time being of the land coloured pink or any part or parts thereof."
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