Covenant on the Chedoke Brow Land and New Legislation

I found the excerpt from Section 119 (9) of the Land Titles Act (e-laws.gov.on.ca)

I feel that this information would be pertinent to the proposed

development of the Chedoke Brow Lands.

Section 119 (9) of the Land Titles Act prescribes that:

“Where a condition, restriction or covenant has been registered as

annexed to or running with the land and no period or date was fixed

for its expiry, the condition, restriction or covenant is deemed to

have expired forty years after the condition, restriction or covenant

was registered, and may be deleted from the register by the

land registrar”.

If you read the Covenant as I have written out, it would seem to me

that it is proposed for the grantee, its successor and forever.

In my opinion, this would indicate that the expiry date prescribed is never.

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