Common Contracts
1 similar Easement Agreement contracts
The Canadian Abridgment eDigests -- Real PropertyEasement Agreement • December 11th, 2017
Dispute took place between petitioner condominium corporation, and respondent developer of condominium -- Condo building contained both residential and commercial lots -- Easement agreement was made involving predecessor of corporation -- Developer agreed to operate and maintain parkade -- Corporation claimed that this was unenforceable covenant -- Corporation brought petition for declaratory relief -- Petition granted -- Conditional grant was theoretically available in provincial law -- Positive covenants did not run with land, in provincial law -- Law cited by developer was from other jurisdictions, and was therefore not binding -- In recent decision, another judge rejected conditional grant on principle -- It was possible that provincial Court of Appeal would allow conditional grant, in future decision -- Without this jurisprudence in place, conditional grant was properly rejected.
