Are Subdivision Covenants Enforceable?

Are Subdivision Covenants Enforceable?

Generally, yes. Covenants are legally binding and enforceable, provided they're properly recorded and reasonable. Other terms used are subdivision covenants and neighborhood covenants.

What happens if you break a neighborhood covenant?

What remedies are available for a breach of a restrictive covenant? Where there is a breach of a restrictive covenant, the covenantee may enforce the covenant by injunction. The Court however does have the discretion to award damages in addition to or in lieu of an injunction.

Can a Neighbour enforce a restrictive covenant?

Can a neighbour enforce a restrictive covenant? A neighbour can only enforce a restrictive covenant on a property or land if they are the landowner that benefits from the covenant. A neighbour that has no direct connection to the restrictive covenant cannot enforce it in any way.

Sarah Jenkins
Author

Sarah Jenkins

Sarah Jenkins is a veteran tech journalist with over 12 years of experience covering artificial intelligence, mobile innovations, and digital ethics. Her insights have appeared in leading technology publications worldwide.