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Old Posted May 14, 2024, 9:55 PM
Saul Goode Saul Goode is offline
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Join Date: Dec 2020
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Quote:
Originally Posted by OldDartmouthMark View Post
if the only reason was some aged-out standard corporate protection clause, then it needs to be changed, IMHO.
Restrictive covenants are not standalone contracts. They are actually tied to title to the land and run with that title (i.e., binding successive owners) and therefore can be very difficult to remove without assent of the current holder of the title (whoever the current owner of the old Oxford is) and the grantor for whose benefit it was attached to the title (in this case, Cineplex). There are limited circumstances in which courts will lift them, but the short answer in this case is that if Cineplex still benefits from it and wants it in place, it'll be next to impossible to remove.
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