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Enforceability of Restrictive Covenants

Ian Quayle discusses a case about the enforceability of restrictive covenants. The claimants sought to declare that a 1977 restrictive covenant did not bind their land because the purchaser under that conveyance did not own the land intended to benefit from the restriction at the time. The court dismissed the claim, stating that the proper defendants would be those with an interest in enforcing the covenant, and they might possess relevant documents or rights that could impact the case.   …

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