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Covenants

To maintain the best possible neighbourhood we have developed the following convenants

With the intention that the burden of these covenants shall run with and bind the lands described in schedule “A” (hereinafter called the “Lands”), the Grantor and the Grantee do hereby covenant and agree with each other as to the Grantee with the owner or owners from time to time of any other building lot of Parkhurst as shown on a Plan of Subdivision prepared by Taylor and McKeen Surveys Limited dated November 29, 1995, and registered at the Registry of Deeds for the County of Antigonish as Plan #2053, to which the benefit and burden of the following stipulations, restrictions and provisions are attached and his, her, their, or its respective heirs, executors, administrators, successors and assigns to observe, perform and comply with the following Restrictive Covenants, namely:

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  1. The Lands to which these Restrictive Covenants shall apply include the lot described in schedule “A” hereto annexed and conveyed by this Deed.
     

  2. No Dwelling house shall be erected or stand upon the said lands or any part thereof which shall have a ground floor area of less than:
     

    1. 1400 square feet in the case of a one storey dwelling;
       

    2. 750 square feet in the case of a dwelling of more than one storey but not a full two storeys, providing that the total habitable floor area of the dwelling above ground shall not be less than 1400 square feet;
       

    3. 750 square feet in the case of a dwelling of two storeys or more provided that the total habitable floor area of the dwelling house above ground shall not be less than 1500 square feet;
       

    4. 1200 square feet in the case of a split entry or side split provided that the total habitable floor area of the dwelling shall not be less than 1400 square feet, not including and underground or attached garage or car port.

      The measurements for calculations of the areas referred to in this paragraph shall be taken as the outside measurements of the main walls of each dwelling, house, excluding garage, porch, verandah, attic and carport.
       

  3. At least 20% of the front of every home and garage must utilize brick, stone or other masonry products. This provision may be reduced or eliminated if a professional architect indicates in writing to the Grantor that the structure has architectural considerations such that the need to utilize brick, stone or other masonry products should be reduced or eliminated.
     

  4. Duplexes which are defined as structures designed for two families with separate entrances and driveways (semi-detached) are not permitted on said lands.
     

  5. No structures shall be erected or placed in any way on the said lands other than a detached private family dwelling house, The said lands may have;
     

    1. No garage;
       

    2. A garage attached to the dwelling house designed and finished with the same materials as the dwelling house;
       

    3. A detached garage, no part of which is located further forward on the property than the front line of the dwelling house, provided such garage is designed and finished with the same materials as the dwelling house;
       

    4. One storage shed with a maximum floor area of 150 square feet to be constructed with similar materials as the dwelling house and having identical exterior materials. Such storage shed must be minimum of 100 feet from the front property line and a minimum of 5 feet from any sideline boundary.
       

  6. No more than one dwelling house shall be erected or stand at any time upon the said lands.
     

  7. Prior to commencement of construction, the Grantor’s approval of construction drawings is required in writing. This approval is to ensure construction complies with the covenants registered with the Deed for this land.
     

  8. Notwithstanding anything herein contained, no building, fence or erection of any kind shall be constructed on the said lands unless the plans, dimensions, specifications and location thereof as indicated by a Siting Plan (including the distances from the front, side and rear limits of the property) shall have been first submitted to and approved in writing by the Grantor and no building, fence or other erection shall be constructed or placed on the said lands otherwise and in conformity with such plans, specifications and Siting Plan.
     

  9. The said lands or any buildings erected or to be erected thereon shall not be used for the purpose of any profession, trade, employment, service, manufacturing or business or any description, nor as a school, hospital or other charitable institutions, 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 normal occupation of a private residence; nor shall anything be done or permitted upon any of the said lands or buildings erected or to be erected thereon that shall be a nuisance to the occupants of any neighbouring lands or buildings.
     

  10. No fence shall be erected or maintained on the said lands or any parts thereof other than an ornamental wire, iron or wooden fence of open construction, unless approval in writing by the Grantor shall have been obtained and no such fence be higher than 4 feet. Screens for landscaping purposes may be erected upon written approval by the Grantor.
     

  11. 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 said lands or upon in any buildings or on any fence, tree or other structure on the said lands.
     

  12. No excavations shall be made on the said lands except excavations for the purpose of building at the time of commencement of such buildings or for the improvement of the gardens and grounds thereof. No soil, sand or gravel shall be removed from the said lands except with the prior permission of the Grantor. The Grantee shall complete construction and shall complete landscaping within twelve months after completion of construction.
     

  13. No animals or birds shall be kept upon the said lands other than household pets normally permitted in private homes in urban residential areas to a maximum of two per household and no commercial breeding of pets shall be carried on upon the said lands.
     

  14. No building shall be erected on the said lands except in conformity with applicable land use by-laws and such other by-laws as may apply.
     

  15. Exterior chimneys on the dwelling house shall consist of either:
     

    1. brick, stone or other masonry products; or
       

    2. In the case of a manufactured chimney such as a metal chimney, by the boxing in thereof with the same siding materials as used on the dwelling house.
       

  16. All roofs on the dwelling house shall consist of a minimum pitch of 4 feet of rise in 12 feet of run (4/12). This provision can be reduced or eliminated if:
     

    1. A professional architect indicates in writing to the Grantor that the structure has architectural considerations which warrant a variation of minimum roof pitch of 4/12; and
       

    2. The Grantor consents, in writing, to the variation of the minimum roof pitch.
       

  17. Driveways shall be maintained throughout the construction stage and driveways must be finished within fifteen months from the start of construction of the dwelling house. Driveways must be finished with asphalt, concrete, pavers, or a layer of crushed stone.
     

  18. No satellite receiver dishes, satellite receiving units of any kind or similar receiving equipment shall be placed on the lot or on a structure thereon in any location that renders such equipment highly visible from the street on which the said lot fronts.
     

  19. The Grantee agrees to have all cables providing electrical, telephone or television service to the dwelling installed as buried cables.
     

  20. No major repairs to any motor vehicle, boat or trailer shall be effected on the said lands, except within a wholly enclosed garage.
     

  21. No boat, motor vehicle, trailer or camper with living, sleeping or eating accommodations shall be placed, located, kept or maintained between the front line of the dwelling house and the street for a period of time greater than one week.
     

  22. To regularly park a truck greater than one ton an the said lands, a suitable parking space must be provided behind the front line of the main structure of the house.
     

  23. All garbage, rubbish and waste material shall be stored in metal or plastic garbage containers or in plastic garbage bags.
     

  24. The lands shall not be subdivided at any time without the express written approval of the Grantor.
     

  25. No living tree greater than five inches at the butt shall be cut or removed from the said lands other than those standing within the area to be excavated for the erection of a building thereon without the consent in writing of the Grantor.
     

  26. The Grantee agrees to obtain from any subsequent purchaser or transferee a covenant to observe the building restrictions herein set forth including this clause.
     

  27. The Grantor shall exact in all other Deeds of the lots forming part of the subdivision, the same or similar covenants and restrictions as are herein set forth, but with full liberty to grant special exceptions, or to exact special restrictions which the Grantor considers to be in the best interest of all of the lot holders in the development of the Subdivision.
     

  28. At such time as all lots in the Subdivision are conveyed by the Grantor then the duties and responsibilities of the Grantor as outlined in the Restrictive Covenants shall be transferred and become the responsibility of a Homeowner’s Association formed for Parkhurst and each lot owner shall be entitled to be a member of such Homeowner’s Association and the owner of each lot shall be entitled to one vote in the Association.
     

  29. In these Restrictive Covenants, unless the context otherwise requires:
     

    1. "Grantor” means Parkhurst Developments Limited or its authorized agent.
       

    2. “Grantee” means the persons, firm or corporation to whom the said lands are conveyed in this Deed, their respective heirs, executors, administrators, successors or assigns.