Chapter 10 Self-test questions

With present day public planning controls there is no remaining role for private freehold covenants that control use.

True

False

If the burden of a covenant is to run in equity, what requirements must be fulfilled in respect of that covenant?
Please select all that apply.

The burden of the covenant must not be personal, but must relate to, and be intended to run with, the land to which it relates.

There must be dominant land that is capable of benefiting from the covenant.

The covenant must be negative in nature.

The purchaser has notice of the covenant.

Covenants in relation to the disposition of a legal estate must always be negative in nature.

True

False

A restrictive covenant imposing a positive burden is not enforceable in equity but where a benefit and burden are __________, the courts may enforce the positive burden.

In what way can a restrictive covenant not be created?

By parol.

By implication.

In writing.

By deed.

Which of the following will be subject to the burden of a restrictive covenant created before 1925 over unregistered land?
Please select all that apply.

The adverse possessor of land without notice.

The bona fide purchaser of the legal estate for value without notice.

The bona fide purchaser of the legal estate for value with notice.

The beneficiary of the will of the legal estate holder without notice.

Sections 78 and 79 play the same role in relation to passing of the benefit and burden of covenants respectively.

True

False

Match the possible actions available to X, to the scenarios provided.

Covenantee sells dominant land to X, assigning benefit of covenant to X in law. P is the original covenantor.

Covenantee sells dominant land to X, assigning benefit of covenant to X in law. Covenantor sells burdened land to P.

Covenantee sells dominant land to X. Covenant is annexed under LPA 1925, s.78. Covenantor sells burdened land to P.

Y and Z own adjoining land. Y and Z have a reciprocal covenant where Y can use Z's drains as long as Y contributes to their upkeep and maintenance. Y sells her land to X; Z sells his land to P. P refuses to pay for the drains' upkeep but still chooses to use them.

Quiz Content