Share on LinkedInShare on LinkedIn

ARTICLE · 03 OCTOBER 2014

Can I Paint My House Bright Pink?

Long before municipal zoning by-laws existed, restrictive covenants were used as an effective community planning tool.

CanadaReal Estate and Construction

Long before municipal zoning by-laws existed, restrictive covenants were used as an effective community planning tool. If Susan owned a large parcel of land and sold a piece to Jason, Susan may have required that Jason promise not to use the land for industry, and they would have entered into a contract. The courts later recognized that this restriction on how Jason could use the land did not apply only to Jason, but it applied to anyone after Jason, such as subsequent owners of the affected land or any future transferees. Essentially, the courts recognized the doctrine that both the benefit and the burden of that restrictive covenant (the land cannot be used for industry) between Susan and Jason would run with the land.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from