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Project No. 91
In 1995, the Commission was asked to review the circumstances, if any, in which restrictive covenants should be used to restrict or regulate the subdivision, development or use of land or to preserve the amenity and aspect of land and, in particular, to consider:
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(a) |
who can, or should, be a party to a restrictive covenant; |
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(b) |
(b) whether local authorities should have power beyond that of a private landowner to enter into restrictive covenants with owners of land in their area to regulate or restrict the development or use of the land or to preserve the amenity and aspect of the land; |
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(c) |
whether there should be any time limit on when a restrictive covenant should be valid; |
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(d) |
the means of enforcing restrictive covenants; and |
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(e) |
who should have standing to, or be empowered to, enforce a restrictive covenant to which they are not a part. |
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| In addition, the Commission was asked to consider whether local authorities have adequate power to regulate land in their area for the purpose of restricting or regulating the development or use of land or preserving the amenity and aspect of the land, whether permanently or for a specified period of time. |
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