Question
. Big Bird owns two plots (pieces) of land next to each other right on the lake. He sells one lot to Burt and Ernie,
. Big Bird owns two plots (pieces) of land next to each other right on the lake. He sells one lot to Burt and Ernie, with the provisions (requirement, promise) that they agree not to develop any commercial facilities on the land and that they plant a row of rose bushes between the properties. The covenants are registered in the appropriate Land Title Office. Burt and Ernie avoid developing commercial facilities on the land, and also plant a rose bush.
Burt and Ernie live happily on their land for three years, and then sell the plot to Cookie Monster.Cookie monster only likes cookies, and he does not like roses.So, when he takes fee simple ownership of the property, Cookie Monster takes the rose bushes away and builds a commercial cookie factory on the property.
Big Bird is extremely upset, and decides to sue Cookie Monster for breaking the two covenants that have been on the title to the property since Burt and Ernie owned the property.
Can Big Bird force Cookie Monster to follow the covenants and have Cookie Monster shut down his commercial cookie operation and re-plant rose bushes
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