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INTERESTS IN LAND - Restrictive covenants - Enforcement

Wednesday, April 04, 2018 @ 5:23 AM  

Appeal by the defendants from trial judgment finding them liable for breach of a restrictive covenant and nuisance. Cross-appeal by the plaintiff from the damages awarded and the refusal to grant injunctive relief for nuisance. The restrictive covenant required that owners of strata lots 4 and 5 wishing to commence construction of a single family residence had to first submit the plans and specifications of the dwelling house for the written approval of the registered owners of strata lots 1, 2 and 3. In 2013, the...