[beaeglebeachh]

If the covenant was added by a dead guy and the counterparty doesn't exist but now it's enforced by a government court against the wishes of the property owner who owns the 'right' is it really property rights at that point? I'm willing to be convinced but it's not super clear to me.

[freejazz]

It's a property right for whoever would benefit. If no one benefits, then who is enforcing it? The gov't doesn't do so voluntarily, covenants are enforced through the civil court system.