Unwanted Land Covenants and Easements: Seeking a Court Order
The Supreme Court recently considered an application by Synlait Milk to modify a land covenant restricting the burdened land use to farming, grazing and forestry operation to protect the ability of the benefited land owner to develop a quarry. This article looks at the circumstances in which the courts might give relief to parties in an application to extinguish or modify a covenant or easement.