Which of the following can be a clear sign of a waiver of a restrictive covenant?

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A clear sign of a waiver of a restrictive covenant often occurs when there is a failure to act on a known violation for an extended period. This lack of enforcement can indicate that the party holding the right to enforce the covenant has decided not to uphold it, or at the very least, is willing to let the violation continue without consequence. Such inaction is interpreted as a tacit acceptance of the violation, which can lead to the conclusion that the covenant is no longer intended to be strictly enforced.

In situations where the party could easily rectify or enforce the covenant yet chooses not to do so over a significant duration, it demonstrates a practical disregard for the terms of the covenant and suggests that they may have waived their ability to enforce it in the future. It is vital in property law that the intent to enforce a covenant is expressed consistently; otherwise, a pattern of inaction can undermine the covenant's effectiveness.

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