Podcast
Questions and Answers
What is a requirement for a restrictive covenant to be enforceable by the covenantee's successors in title?
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?
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?
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?
When can a covenant be enforced by successors in title?
In which scenario is a restrictive covenant likely not enforceable?
In which scenario is a restrictive covenant likely not enforceable?
Which statement accurately describes the enforceability of a restrictive covenant at common law?
Which statement accurately describes the enforceability of a restrictive covenant at common law?
What must be true for a covenant to be enforceable in equity?
What must be true for a covenant to be enforceable in equity?
How are positive covenants typically enforced according to the information provided?
How are positive covenants typically enforced according to the information provided?
In what scenario does the burden of a covenant run with the land?
In what scenario does the burden of a covenant run with the land?
What happens to the enforceability of an unregistered positive covenant if the original covenantor obtains indemnity from subsequent buyers?
What happens to the enforceability of an unregistered positive covenant if the original covenantor obtains indemnity from subsequent buyers?
Flashcards
Original Covenantor
Original Covenantor
The original party who promised to do or not do something in a covenant.
Original Covenantee
Original Covenantee
The original party who received the promise in a covenant.
Covenant that touches and concerns the land
Covenant that touches and concerns the land
A covenant that benefits the land itself and not just a specific person.
Restrictive Covenant
Restrictive Covenant
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Enforceability of Covenants Between Successors in Title
Enforceability of Covenants Between Successors in Title
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Benefiting Land
Benefiting Land
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Burdened Land
Burdened Land
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Covenant
Covenant
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Positive Covenant
Positive Covenant
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Negative Covenant
Negative Covenant
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