The said land is subject to the undermentioned restrictive covenants which shall run with the land and shall bind as well the Nominee, his heirs, personal representatives, successors and transferees as the registered proprietor for the time being of the said land, his heirs, personal representatives, successors and transferees and shall enure to the benefit of and be enforceable by the registered proprietor for the time being of the lands or any portion thereof comprised in the said Plan.

(a) The said land shall not be subdivided.

(b) No building other than one private dwelling house shall be erected on the said land and the said dwelling house shall be used for residential purposes only.

(c) Not to use the said land or permit same to be used for any illegal or immoral purpose nor for the carrying on of any trade or business.

(d) No building wall or structure shall be erected within  four (4) feet from any boundary fence on the said land provided that for purposes of this covenant the eaves of any building on the said land shall not be considered as part of any building wall or structure.

(e) No hedge fence or other construction of any kind nor any tree or plant of a height of more than four and one-half (4 1/2) feet above road level shall be erected, grown or permitted within fifteen (15) feet of any road intersection.

(f) No building wall or structure shall be erected on the said land so as to cover, conceal, obscure and/or hinder access to any sewer connection manhole or pipe situate on the said land or on lands adjoining the said land.

(g) Not to allow or cause any drains, gutters, pipes or conduits lying on the said land to be blocked or obstructed in any way.

(h) Not to do or cause anything to be done to the building on the said land whereby any party wall shall be damaged, opened or destroyed.

(i) No gate in any fence or opening upon any road or walkway shall open outwards.

(j) The Minister of housing shall have the right of refusal in the event of sale of this property under ten (10) years.

SECOND SCHEDULE

Such covenants and/or easements over the land sold (hereinafter called
“the said land”) in such form as CDL’s Attorneys-at-Law may deem necessary or desirable to ensure:-

(a) That wires for the purposes of providing electricity and…

(b) That poles to carry electricity, telephone wires and other equipment may be erected in or near the boundaries of the said land,

(c) That pipes for the purpose of providing water and pipes and/or drains for the purpose of removing effluent may pass under and upon the said land;

(d) That the Jamaica Public Service Company Limited and Cable & Wireless Jamaica Limited and the National Water Commission their servants, agents, workmen, licensees and independent contractors together with vehicles of all kinds shall have the right of entry way and passage along and within five feet of the boundaries of the said land for the purposes of erecting and installing poles, wires, pipes and/or drains and other equipment and maintaining repairing and renewing the same and for the purpose of procuring the efficient continuation of the services;

(e) That buildings erected or to be erected on adjoining lands will be supported, upheld and maintained by the soil of the said land.

PROVIDED THAT for the more efficient use an enjoyment of the foregoing easements the following covenants which shall run
with the land shall be deemed to have been entered into by the registered proprietors of the said land, namely, a covenant by the registered proprietor for himself, his heirs, personal representatives and transferees with the Ministry of Housing, its successors and transferees:-

(i) Not to permit to grow or suffer to remain on the said land any tree, hedge, crops or other plant or vegetation so that the same are, or will, or may grow within five feet of any of the poles or other apparatus of any kind of the Jamaica Public Service Company Limited or of a height greater than fifteen
feet within five feet of any of the boundaries of the said land or higher than fifteen feet from the ground within fifteen feet of the line adjoining any two adjacent poles of the Jamaica Public Service Company Limited;

(ii) That the Jamaica Public Service Company Limited and Cable & Wireless Jamaica Limited and the National Water Commission shall have the right to pull down and/or remove any fence or part thereof which will obstruct them or any of them in establishing, erecting, constructing, maintaining, repairing, renewing, cleaning, removing, replacing, inspecting and operating their respective systems and undertakings and shall not be liable to pay any compensation for or to restore any such fence wholly or in part if such pulling down and/or removal was necessary for the execution of the work and if no greater damage is done than is reasonably necessary for the attainment of the said object;

(iii) That the piped gas company, their servants, agents,workmen, licensees and independent contractors, together with vehicles of all kinds, shall have the right of entry way and passage along and within the….