Bradlees Tidewater, Inc. v. Walnut Hill Investment, Inc.

I agree with the trial judge’s interpretation of the lease. He determined that the restrictive covenant requires the tenant, or any assignee of the tenant, “to effectively use the entire premises.” Consequently, there has been a clear breach of the lease covenant set forth in Article XIV.

In Virginia, the law is settled that the “most efficacious remedy” for the breach of a lease covenant or restriction is by way of an injunction restraining the breach. Bookman v. Cavalier Court, Inc., 198 Va. 183, 186, 93 S.E.2d 318, 320 (1956). The right to enjoin such a breach of restrictive covenants does…