Covenant v.

Condition
"If in an agreement words that state that an act is to be performed purport to be the
words of the person who is to do the act, the words are interpreted, unless a contrary
intention has been manifested, as a promise by that person to perform the act
(covenant). If the words purport to be those of a party who is not to do the act they are
interpreted, unless the contrary intention has been manifested, as limiting the promise of
that party by making performance of the act a condition."
Dishcarge of covenant
i) changes in the character of the property of in the area since the covenant was
imposed rendering the covenant obsolete
ii) covenant impedes the reasonable use of the property confures no pratcial benefit or
substanital value or advantage
and
iii) the loss of the covenant can be compensated in money.
iv) discharge will not in!ure the person to the benefit