Advise Anna on the enforceability of the original covenants.

Tim, divided Whiteacre into two separate units, he retained the larger unit (unit 1) to run as a shop. In 1995 he sold the smaller unit (Unit 2) to Sunny. Sunny used the unit to set up a business as a cafe. As part of the transaction Sunny covenanted by deed:(a) to only use Unit 2 as a cafe ; and(b) to contribute 30% of the annual cost of maintaining the drainage that the two units shared.(c) to provide a daily meal to the owner of Unit 1The covenants were expressly made with Tim ‘for the benefit of his retained land’. Both units in Whiteacre have since changed ownership several times. Anna currently owns Unit 1. Last year Viper purchased Unit 2. Since buying Unit 2 Viper has repeatedly refused Anna’s requests to contribute 30% of the cost of the maintenance of drainage. Anna is also furious that Viper is using Unit 2 as a retail shop selling antiques and has refused to provide a daily sandwich to Anna.Advise Anna on the enforceability of the original covenants

 

 

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