This applies across every kind of easements aside from easements in gross in which the grantee (the council or other system receiving the benefit of the easement) is chargeable for the complete cost of repairs and servicing.
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Most of the time, if a restrictive covenant is significantly less restrictive than an applicable zoning regulation, the zoning law prevails. In that scenario, one could probably bring a suit, notwithstanding the cause of action, against a neighbor which is violating zoning legislation, but nevertheless be compliant Using the applicable covenant.
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The situation mentioned in PLJ 1997 SC 985 associated a declaration that respondents, being co-sharers, were owners from the land. The accommodate was to begin with dismissed, but on attraction, it absolutely was decreed in favor of the respondents.
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The case highlights the requirement of distinct and in depth documentation in transactions involving co-sharers.
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From the context of property and land use, a restrictive covenant can be a assure in the respective landowner to not do one thing about the property. Stated otherwise, a restrictive covenant obligates the property owner to refrain from some distinct exercise or use on their own property.