The Lockheart Community has a restrictive covenant that does not allow more than a 1 metre solid fence within 3 metres of any public walkway.Ignoring the covenant,Mr.Bailey starts to build a 2 metre high rock wall along his front sidewalk.Mr.Bailey might be subject to
A)a restraining order.
B)the sheriff's ordnance writ.
C)the community compliance marshal.
D)the building inspector.
E)a court injunction.

Question

Quizplus · Accepted Answer

Mr. Bailey is violating the restrictive covenant by building a 2-metre high rock wall within 3 metres of a public walkway. The most appropriate legal action to take in this situation would be to seek a court injunction, which would order Mr. Bailey to stop building the wall and comply with the covenant. The other options listed, such as the community compliance marshal, sheriff's ordinance writ or building inspector, may not have the authority to enforce the restrictive covenant. A restraining order may be appropriate in some cases, but is unlikely to be the best option in this situation.

The Lockheart Community Has a Restrictive Covenant That Does Not