@minimoke, no one is arguing that the covenant has any benefit. It just so happens that every benefit that it offers would now be continuously, with great certainty, be more than negated by other factors. Factors that would no doubt continue to increase and compound overtime, eroding whatever benefit is still left on offer. The same factors that the court of appeal ignored completely because of no other reason but pure opinions and pure technical reservation. Think about it, would the covenant really stays for 200 years????? Or would it get extinguished before it expires?
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