Jolly Harbour, once a sprawling underdeveloped terrain purchased for a token sum of $1, evolved into a premier residential community under the promise that Caribbean Developments (Antigua) Ltd. (CDAL) would provide top-tier infrastructure in exchange for reasonable monthly charges and certain restrictive covenants. However, multiple events over the last several years—corporate reorganizations, asset disposals, failure to invest in critical infrastructure—raise serious questions about whether CDAL has effectively breached the original land transfer agreement. If so, freeholders may be legally justified in seeking the removal (or variation) of the very covenants they once agreed to.
Key Points:
- Original Agreement: CDAL promised infrastructure maintenance in exchange for covenants and charges
- Developer's Breach: Asset sales and infrastructure neglect may constitute fundamental breach
- Legal Remedy: Freeholders may seek covenant removal if benefits no longer exist
- Court Precedent: Covenants must fulfill legitimate land-use purpose to remain enforceable
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