Who retains the rights to property with a conditional covenant if the terms are breached?

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The original owner retains the rights to property with a conditional covenant if the terms are breached because a conditional covenant is tied to the original owner's interests and intentions for the property. Such covenants often specify conditions under which property use is permitted and include stipulations on what happens if these conditions are violated.

When a breach occurs, the original owner, who established the covenant, typically has the right to enforce the covenant and may regain control or seek remedies related to the property. This legal framework ensures that the property remains in alignment with the original intent and use outlined at the time the covenant was established. The implications of the breach are fundamentally linked to the original owner's authority over the property, allowing them to address the violation.

In contrast, other parties such as the buyer or local governments do not hold enforcement rights over the covenant in the same way as the original owner does, and deed holders would only exercising rights related to following specific conditions as outlined in their agreements.

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