Overview: Heather Hames, owner of 1180 Rockcliffe Street (Lot 3) in Halifax, sought a court order declaring a restrictive covenant on her property unenforceable. The covenant prohibits building within 59 feet of a boundary line to preserve the view from her neighbor Michael Gardner’s property at 1186 Rockcliffe Street (Lot 2).

Gardner, supported by other neighboring property owners, argued that the covenant is part of a "building scheme" designed to protect the views for all properties in the subdivision.

Court Findings:

• The court examined the requirements for a valid building scheme, which must be consistent, reciprocal, and established before any lot is sold.
• It was found that the covenant was imposed after Lot 2 was sold, and there was no evidence of a consistent scheme across all lots.
• The court ruled that the covenant did not meet the legal criteria to be enforceable as part of a building scheme.

Decision: The court sided with Hames, declaring the covenant unenforceable and ordering its removal from the property’s records. This decision underscores the need for strict adherence to legal standards when establishing restrictive covenants within subdivisions.

The document does not specify a monetary award or costs.