Freehold Covenants Problem Question

In January 2018, Anna sold to Barry, a plot of land next to a lake so that Barry could build a fishing cabin to attract tourists for fishing holidays. The conveyance of sale granted to Barry and his successors in title a right to fish on the lake and a right of way to access the cabin over a road on land that was on the land retained by Anna. The conveyance contained the following freehold covenants:

1. That the fishing cabin could only be used for fishing vacations only;
2. That the fishing cabin must be painted in neutral colours in keeping with the natural surroundings and re-painted every year;
3. That Barry and his successors in title must contribute to the costs of maintaining the road on Anna’s retained land.

Anna has since sold her land to Crystal and Barry has since sold his land to Darcy.

Darcy has just painted the fishing cabin bright red and has no intention of re-painting it again. Darcy has also been running a café from the land and has refused to contribute to the cost of maintaining the access road.