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  • Aren't all covenants restrictive?

    No. A covenant not to obstruct a driveway is a restrictive covenant. A covenant to keep a driveway in repair is a positive covenant. However, positive covenants are not generally binding on successors in title to the original covenantor, although there are exceptions and workarounds.

  • Who gets to enforce restrictive covenants?

    (At the highest / most simple level - if it's possible to answer in that way)

    Not that I necessarily /want/ to build a new house in my garden...

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