Question
2. In 2003, Holder, a businessman from Bridgetown, decided to purchase a countryside house in St. Lucy. Finding a farm cottage with a meadow in
2. In 2003, Holder, a businessman from Bridgetown, decided to purchase a countryside house in St. Lucy. Finding a farm cottage with a meadow in a small private road, he offered Jordan, the owner of the farm called Old Plantation, of which it was part, to buy it from him. The sale was completed by deed and contained covenants by Holder:
1. To contribute to the cost of the upkeep of the private road.
2. To maintain the meadow as an open space
3. To use the premises for residential occupation only.
4. Not to alter the external appearance of the cottage
5. To fence his property and to repaint the fence every five years.
These covenants are expressed to be made with "the vendor and the owners for the time being of Old Plantation"
Eleven years later, Holder's business had suffered a number of problems and he finds he can no longer afford the cottage in St. Lucy. He sold the property to Husbands who announces that he is going to convert his cottage into a hotel and has already obtained planning permission to do so. Husbands does not use the meadow, and his sister, who is a homeless single mother starts to build a small wooden cabin for her family. Farmer Jordan has already lost several sheep due to holes in the fence and claims the damages for them. He also claims half of the cost of resurfacing the private road that he undertook last month.
Advise Husbands.
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