The Grantee covenants with the Grantor to observe
and comply with the
following restrictions, the burden of which shall attach to the lot described
in Schedule "A" hereto for a period of thirty five
(35) years from the 1st day of _____, 20__, and the benefit shall run
with each of the lots created in the ______________ subdivision at ________,
___________ County, Nova Scotia now or formerly owned by the Grantor,
_____________, a more particular description of said lots appearing
upon the approved plan of subdivision on file at the Registry of Deeds
Office at _______, Nova Scotia. These covenants shall be binding upon
and shall enure to the benefit of the respective heirs, executors, administrators,
successors, and assigns of the parties hereto. The word "Grantee"
as used herein shall include the plural as well as the singular.
The protective covenants herein contained refer to each and every single
lot. In the event that more than one lot is conveyed to the Grantee herein,
such restriction shall apply to each individual lot separately.
1. The lands to which these protective covenants shall apply include
the lot hereinbefore described in Schedule "A" hereto
annexed (hereinafter called the lot).
2. No house or other structure shall be erected on the lot except as
permitted by the applicable Building Codes, By-Laws, Ordinances and/or
Regulations of the Municipality of the County of ___________ and/or the
Province of Nova Scotia.
3. No more than one dwelling house shall be erected or stand at any one
time upon the lot. No attached or semi-detached, duplex house or apartment
house or any house designed for more than one family shall be permitted
or shall be erected or stand at any time on any lot or part of a lot in
the subdivision, provided, however, that a suitable private garage may
be erected in addition to the dwelling house.
4. No dwelling house shall be erected or stand upon the lot or any part
thereof which shall have a ground floor area of less than one thousand
(1,000) square feet. In the case of a two storey dwelling, the minimum
ground floor area shall be seven hundred (700) square feet. The measurements
for calculation of the area referred to in this paragraph shall be taken
as the outside measurements of the main wall of the dwelling house, excluding
garage, porch, veranda, sunroom, attic and basement.
5. Any house or private garage erected on the lot shall be of neat design
and shall be constructed in a proper and workmanlike manner, but no house
or private garage and no exterior addition to same shall be erected on
the lot unless the plans and specifications of such buildings shall first
have been submitted to the Grantor and its consent in writing shall have
been obtained.
6. No dwelling house constructed on the lot shall be occupied as a dwelling
until all exterior construction and finish is complete.
7. The lot and any buildings erected or to be erected thereon shall
not be used for the purpose of any profession, trade, employment, services,
manufacture or business of any description, nor as a day care centre,
nursery school, school, hospital, church, or other charitable institution,
nor as a hotel, apartment house, rooming house or place of public resort,
nor for any sport (other than such games as are usually played in connection
with the occupants of a private residence) nor for any other purpose than
a private residence for the use of one family only; nor shall anything
be done or permitted upon the lot or buildings erected or to be erected
thereon which shall be a nuisance to the occupants or any neighboring
lands or buildings.
8. No signs, billboards, notices or other advertising matter of any kind
(except the ordinary signs offering the said lands or buildings thereon
for sale or rent) shall be placed on any part of the lot or upon or in
any buildings or on any fence, tree or other structure on the lot without
the consent of the Grantor or its successors in writing.
9. No major repairs to any motor vehicle shall be effected save within
a wholly enclosed garage.
10. No horses, cattle, hogs, sheep, poultry or other stock or animals
other than household pets normally permitted in private homes in residential
areas shall be kept upon the lot and no breeding of pets for sale shall
be carried on upon the lot.
11. All garbage, rubbish and waste material to be stored in metal or plastic
garbage cans or in plastic garbage bags approved for pick-up by the Municipality
of the County of Cumberland''s garbage collection service, provided that
all rubbish and waste material should be stored in a sanitary manner in
conformity with applicable health regulations, and so as not to be accessible
to pets or rodents and in an enclosure large enough so that no garbage,
rubbish, waste material or containers are visible.
12. Upkeep of the dwelling and lot to be maintained at an acceptable
level at all times with Grantor having the sole discretion in this regard.
The Grantee and other owners of lots in ____________ (and not the Grantor)
shall be responsible for the maintenance of the vehicular and pedestrian
rights of way within _____________.
13. The Grantee shall not withhold consent to the erection, installation
and/or maintenance on the lot of electrical, telephone and/or television
lines and equipment, guys and anchors in connection therewith and for
common use with all necessary access from time to time for the employees
of the person, firm or corporation of persons, firms or corporations furnishing,
maintaining and repairing the same. The agents for Utilities shall be
permitted access to the lot for the installation of their services.
14. Provided always that notwithstanding anything herein contained, the
Grantor and its successors shall have power by instrument or instruments
in writing from time to time to grant minor variances from or make minor
modifications to the above covenants and restrictions in their application
to any lot or lots or to any part thereof without notice having to be
given to the owner of any other lot in the said subdivision.
15. The lot shall not be re-subdivided at any time.
16. No building shall be erected on any lot which shall have any of its
main walls, verandah, porch, steps or other projection within Twenty feet
(20') of any boundary line of the lot.
17. No mobile home, travel trailer or recreational vehicle of any kind
shall be parked or placed upon any part of the lot, if it is to be used
as a residence on the lot.
18. No building waste, car bodies, junk, or other material of any kind
shall be dumped or stored on the lot except clean earth for the purpose
of leveling or the immediate improvement of the lot.
19. Outside oil tanks shall not be permitted unless authorized by the
Grantor or its successors in writing.
20. The lot owner is to be responsible for erosion and sedimentation
control for their lot to the standards of the Nova Scotia Department of
Environment. The costs of any necessary retaining walls or other stabilizing
devices shall be the responsibility of the lot owner.
21. Should Grantee break any of the Covenants contained herein, the Grantor
may serve written notice to the Grantee, requiring compliance within fourteen
(14) days. Should the Grantee fail to comply with the Covenants within
fourteen (14) days after service of such notice, the Grantor may enter
the lands and perform the Covenants and may recover the cost of such performance
from the Grantee.
22. The covenants herein contained are severable and the invalidity or
unenforceability of any restrictions shall not affect the validity or
enforceability of any other restriction.
23. It is hereby declared and agreed that this Indenture and everything
contained herein shall enure to the benefit of and be binding upon the
parties hereto, their heirs, executors, administrators, successors and
assigns, respectively.
24. The Grantee covenants and agrees to obtain from any subsequent purchaser
or transferee of the lot an identical undertaking to observe the protective
covenants herein set forth including this clause. Notwithstanding the
failure by the Grantee to obtain such covenants, the protective covenants
herein contained shall be and remain protective covenants binding upon
the lot described in Schedule "A" attached hereto.
