Private Restrictive Covenants and Rights-Of-Way #245

By Gerry NeelyB.A., LL.B. Three columns 1 have discussed cases where a seller’s inability to clear the title of a private easement, allowed purchasers to repudiate contracts because of paragraph one of the Contract of Purchase and Sale. It allows restrictive covenants and rights-of-way that are in favour of only utilities and public authorities to remain on …