Question
Fifteen years ago Andrea bought the freehold of Appleyards, a large plot of land which included a farmhouse, outbuildings and orchards. In October 2011, Andrea
Fifteen years ago Andrea bought the freehold of Appleyards, a large plot of land which included a farmhouse, outbuildings and orchards. In October 2011, Andrea decided to downsize and sold the outbuildings and orchards to Brendan. Andrea retained the farmhouse and continued to live in it. The conveyance to Brendan contained the following covenants: a) To keep the fences and outbuildings painted and in good repair; and b) To only use the orchards and outbuildings for apple-picking, storage and processing. Andrea sold the farmhouse to Caron in 2015 and moved abroad. Later the same year, struggling to earn a living from picking and processing the apples, Brendan sold the outbuildings and orchards to Dan. Dan decided to keep animals in the outbuildings and run a petting zoo: The visiting children are allowed to pick the apples in the orchard and feed them to the animals. He paints the outbuildings but does not keep the fences between the orchard and the farmhouse in good repair. Caron has had enough of the screaming children on her doorstep and finding animals that have escaped through the broken fence in her garden. She seeks your advice. Advise Caron whether she can enforce the above covenants against Dan.
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