Question
When William subdivided his property and sold three lake front lots, he retained a large lot back from the water, with a panoramic view. To
When William subdivided his property and sold three lake front lots, he retained a large lot back from the water, with a panoramic view. To protect the value of the lot he retained, he sold each lot subject to a restrictive covenant prohibiting any commercial use. These were properly registered. Over the next 10 years, the various owners of lots 1 and 2 had operated a campground and a motel on their lots, with no objection from William. However, when the new owner of lot 3 opened a marina, which meant too many boats around for William's liking, he brought an action for an injunction against the owner of lot 3 to prevent the operation of the marina because it contravened the restrictive covenant. Which of the following is TRUE?
- William would easily succeed in an injunction against the owners of all 3 lots for the various commercial enterprises being operated.
- William's failure to take action against the owners of lots 1 and 2 for 10 years may give a court grounds to cancel or modify the restrictive covenant.
- A restrictive covenant cannot limit a person's ability to make a livelihood.
- None of the above
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