Amberwood traditional rule affirmed positive covenant can’t be enforced (in this – – case for 2nd property owners to share in costs for condo project) said not for CL needs to be legislated – Don’t want to find new interest in property (like INS) Possible workaround: Leases Statute LTA s. 219 – Chain of covenants Rentcharges + conditional grants Doctrine of Halsall v Brizell if take benefit of easement, must take burden –
Amberwood – traditional rule affirmed – positive covenant can’t be enforced (in this case for 2nd property owners to share in costs for condo project) said not for CL – needs to be legislated Don’t want to find new interest in property (like INS) Possible workaround: Leases Statute – LTA s. 219 Chain of covenants Rentcharges + conditional grants Doctrine of Halsall v Brizell – if take benefit of easement, must take burden
Reynolds_60_Full_2013_Kellan_McKeen.docx