Restrictive Covenants in Property Law
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Questions and Answers

What is a requirement for a restrictive covenant to be enforceable by the covenantee's successors in title?

  • The covenant must touch and concern the land of the covenantee. (correct)
  • The covenant must be registered with the local authority.
  • The covenant must be a personal right.
  • The original covenantor must remain the owner.

    • Which factor is essential for determining if a covenant remains enforceable after a property is sold?

  • The property must not undergo any changes.
  • The parties must have intended for the covenant to remain in effect. (correct)
  • The original parties must be alive.
  • The covenant must involve monetary transactions.

    • Who can always enforce covenants against the original covenantor?

  • The original covenantor's estate.
  • Successors in title of the covenantor.
  • The original covenantee. (correct)
  • Any third party with an interest in the land.

    • When can a covenant be enforced by successors in title?

    <p>When it was intended to remain after the property sale. (D)</p> Signup and view all the answers

    In which scenario is a restrictive covenant likely not enforceable?

    <p>The parties did not intend for it to remain after the sale. (C)</p> Signup and view all the answers

    Which statement accurately describes the enforceability of a restrictive covenant at common law?

    <p>It is enforceable only under equitable conditions. (D)</p> Signup and view all the answers

    What must be true for a covenant to be enforceable in equity?

    <p>The covenantee must have owned land benefiting from the covenant at the time the covenant was made. (C)</p> Signup and view all the answers

    How are positive covenants typically enforced according to the information provided?

    <p>They bind only the original contracting parties unless indemnity covenants are in place. (B)</p> Signup and view all the answers

    In what scenario does the burden of a covenant run with the land?

    <p>If the intention for the burden to run with the land is clearly stated. (D)</p> Signup and view all the answers

    What happens to the enforceability of an unregistered positive covenant if the original covenantor obtains indemnity from subsequent buyers?

    <p>The indemnity shifts the liability to subsequent owners. (D)</p> Signup and view all the answers

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