What is the relevant case law on building restrictions affecting a property?
Manitoba, Canada
The following excerpt is from Kepron v. Vogt, 1983 CanLII 2779 (MB QB):
See also Alexander v. Malcheski (1953), 8 W.W.R. (N.S.) 73 at p. 78, 6 Man. R. 139, per Tritschler J. (later C.J.Q.B.): A statutory procedure is provided for varying building restrictions affecting lands. Persons believing themselves entitled to relief should follow this procedure before commencing a use contrary to the provisions of a caveat.
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