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Michael owned a parcel of land in downtown Blackfalds. Michael decided to give the land to the town of Blackfalds on the condition that the
Michael owned a parcel of land in downtown Blackfalds. Michael decided to give the land to the town of Blackfalds on the condition that the land could only be used for municipal purposes and the town could not at any time sell the land or use if for commercial or industrial purposes. These conditions were registered against the land as a "restrictive covenant". For many years the town used the land for municipal purposes however the town would now like to sell the land to a developer that wants to build condominiums and retail stores on the land. This sale is supported by the land owners adjacent to this parcel of land as they feel their lands' values are being decreased by this covenant however, many people are opposed to this sale and insist that the restrictive covenant be enforced. Was a valid restrictive covenant created when Michael gave the land to the town of Blackfalds? Explain your answer.
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