In Alberta, a property owner grants a restrictive covenant that limits the use of the land to residential purposes. Which of the following is required for the covenant to 'run with the land' and bind future owners?
Correct Answer
C) The covenant must be registered on title and must touch and concern the land
For a restrictive covenant to run with the land and bind subsequent owners in Alberta's Torrens system, it must be registered against the certificate of title at the Land Titles Office. Additionally, the covenant must 'touch and concern' the land, meaning it must relate to the use or enjoyment of the land itself.
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