Chapter 11 Self-test questions

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. What is a freehold covenant? Select one of the following.

A promise to do or not to do something made between a licensor and a licensee. correct incorrect

A promise to do or not to do something on land made between a lessor and a lessee. correct incorrect

A promise to do or not to do something on land made between freehold landowners. correct incorrect

A promise made between two adverse possessors. correct incorrect

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. What is the name given to the freehold landowner making the promise? Select one of the following.

Covenantor correct incorrect

Covenantee correct incorrect

Donor correct incorrect

Donee correct incorrect

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. Which of the following statements is correct?

A covenant can be created orally. correct incorrect

A covenant can be created orally or in writing. correct incorrect

A covenant must be made in writing accompanied by contractual consideration. correct incorrect

A covenant must be made by deed. correct incorrect

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. What is the significance of the so-called 'duality principle' in the law of freehold covenants? Select one of the following.

Duality describes the fact that covenants are made between two parties. correct incorrect

Duality describes the fact that covenants can operate at law and in equity. correct incorrect

Duality describes the fact that covenants are personal interests but can also be proprietary in certain circumstances. correct incorrect

Duality describes the fact that covenants involve a benefit and a burden. correct incorrect

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. The law of covenants can be described as operating according to 'four dimensions' but what are these 'four dimensions'? Select one of the following.

Law, equity, benefit, burden. correct incorrect

Law, equity, personal, proprietary. correct incorrect

Law, equity, formal, informal. correct incorrect

Law, equity, express, implied. correct incorrect

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. Which one of the following statements is correct?

A covenant is enforceable between the original parties under the privity of contract doctrine. correct incorrect

A covenant is enforceable between the original parties but only where the benefit and burden have passed. correct incorrect

A covenant is enforceable between the original parties under the doctrine of estoppel. correct incorrect

A covenant is not enforceable directly between the original parties. correct incorrect

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. Which provision of the LPA 1925 expands our understanding of what constitutes an 'original party' for the purposes of the law of covenants? Select one of the following.

Section 52 correct incorrect

Section 56 correct incorrect

Section 78 correct incorrect

Section 205 correct incorrect

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. What is the effect of s. 56 of the LPA 1925? Select one of the following.

It expands who is considered an 'original covenantor' for the purposes of enforceability of freehold covenants. correct incorrect

It narrows who is considered an 'original covenantor' for the purposes of enforceability of freehold covenants. correct incorrect

It expands who is considered an 'original covenantee' for the purposes of enforceability of freehold covenants. correct incorrect

It narrows who is considered an 'original covenantee' for the purposes of enforceability of freehold covenants. correct incorrect

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. Which one of the following is not a case which explores the operation of s. 56 of the LPA 1925?

Tulk v Moxhay (1848) correct incorrect

White v Bijou Mansions (1937) correct incorrect

Beswick v Beswick (1968) correct incorrect

Amsprop Trading Ltd v Harris Distribution (1997) correct incorrect

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. Which one of the following statements is correct?

The Contracts (Rights of Third Parties) Act 1999 has no application to the law of covenants. correct incorrect

The Contracts (Rights of Third Parties) Act 1999 has a major impact on the law of covenants in that it abolishes the doctrine of privity of contract. correct incorrect

The Contracts (Rights of Third Parties) Act 1999 has an application to the law of covenants in in that it allows for enforcement of a covenant by someone who is not an original party to the covenant if they can demonstrate that they were intended to benefit under the covenant. correct incorrect

The Contracts (Rights of Third Parties) Act 1999 initially had a wide-ranging impact on the law of covenants but has since been repealed. correct incorrect

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. Which one of the following statements is correct?

Law and equity have no role to play in the law of covenants. correct incorrect

Law and equity have a role to play in the creation of covenants. correct incorrect

Law and equity have a role to play in the enforceability of covenants. correct incorrect

Law and equity historically had a role to play in the law of covenants but not in the modern law. correct incorrect

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. Which one of the following statements is incorrect?

There are distinct legal and equitable rules for the passing of the benefit and burden of freehold covenants. correct incorrect

The legal rules for the passing of the benefit and burden of freehold covenants are more limited than the equitable rules. correct incorrect

The equitable rules for the passing of the benefit and burden of freehold covenants are more restrictive than the legal rules. correct incorrect

The legal and equitable rules for the passing of the benefit and burden represent a combination of common law and statute law. correct incorrect

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. Which one of the following statements is correct?

Whether you use the legal or equitable rules to demonstrate the passing of the benefit and burden makes no difference in terms of whether a covenant is enforceable or not. correct incorrect

Whether you use the legal or equitable rules to pass the benefit and burden determines who is liable under the covenant. correct incorrect

Whether you use the legal or equitable rules to pass the benefit and burden determines whether the covenant is extinguished. correct incorrect

Whether you use the legal or equitable rules to pass the benefit and burden determines the duration of the covenant going forward. correct incorrect

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. Which one of the following is the key case which established that there could be no mixing of the legal and equitable rules for the passing of the benefit and burden of freehold covenants?

Rogers v Hosegood (1900) correct incorrect

Miles v Easter (1933) correct incorrect

Wrotham Park Estate v Parkside Homes (1974) correct incorrect

Gafford v Graham (1998) correct incorrect

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. Which one of the following is not available as a potential remedy where there has been a breach of freehold covenant?

An injunction. correct incorrect

An order for specific performance. correct incorrect

An award of damages. correct incorrect

Discharge of the covenant. correct incorrect

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. Which one of the following statements is correct?

The benefit of freehold covenants is capable of passing only in equity. correct incorrect

The benefit of positive freehold covenants only can pass at law. correct incorrect

The benefit of negative freehold covenants only can pass at law. correct incorrect

The benefit of freehold covenants is capable of passing at law and in equity. correct incorrect

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. Which one of the following statements is incorrect?

The legal rules for the passing of benefit and burden are more flexible than the equitable rules. correct incorrect

The legal rules allow for the passing of the benefit of both positive and negative covenants. correct incorrect

The legal rules are applied less frequently due to their less flexible approach, in particular as to passing of the burden of covenants. correct incorrect

The legal rules are a combination of common law and statute law. correct incorrect

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. Which one of the following is not a requirement for the passing of the benefit of a freehold covenant at law?

That the covenant touches and concerns the land. correct incorrect

That the original covenantee held a legal estate in the land. correct incorrect

That the original covenantee gave consideration for the covenant. correct incorrect

That the benefit was intended to run with the land correct incorrect

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. Which one of the following is not a case exploring the test for 'touching and concerning'?

Marquess of Zetland v Driver (1939) correct incorrect

Smith & Snipes Hall Farm v River Douglas Catchment Board (1949) correct incorrect

Swift (P. & A.) Investments v Combined English Stores Group plc (1989) correct incorrect

Sugarman v Porter (2006) correct incorrect

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. What is the significance of the decision of the court in Austerberry v Corporation of Oldham (1885)? Select one of the following.

The court in Austerberry held that the burden of any covenant whether positive or negative can pass at law. correct incorrect

The court in Austerberry held that the burden of positive covenants can pass at law but not negative covenants. correct incorrect

The court in Austerberry held that the burden of any negative covenant can pass at law but not positive covenants. correct incorrect

The court in Austerberry held that the burden of any covenant whether positive or negative cannot pass at law. correct incorrect

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. When considering the equitable rules for the passing of benefit and burden, it makes sense to start by considering the rules on the passing of the burden but why is this? Select one of the following.

Because there are no rules in equity for the passing of the benefit. correct incorrect

Because the rules on the passing of the benefit in equity are identical to those at law. correct incorrect

Because showing the burden has passed is the biggest challenge so makes a good place to start. correct incorrect

Because showing the burden has passed is more straightforward than showing the benefit has passed under the equitable rules. correct incorrect

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. Which one of the following statements is correct?

In equity, the burden of both positive and negative covenants can pass. correct incorrect

In equity, only the burden of positive covenants can pass. correct incorrect

In equity, only the burden of negative covenants can pass. correct incorrect

In equity, neither the burden of positive nor negative covenants can pass. correct incorrect

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. As regards passing of the burden of covenants in equity, which one of the following cases is the leading authority?

Tulk v Moxhay (1848) correct incorrect

Miles v Easter (1933) correct incorrect

Swift (P. & A.) Investments v Combined English Stores Group plc (1989) correct incorrect

Birdlip v Hunter (2016) correct incorrect

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. Which one of the following is not a requirement for the passing of the burden of negative or restrictive covenants under Tulk v Moxhay (1848)?

The covenant touches and concerns the land. correct incorrect

There is a chain of indemnity covenants. correct incorrect

The burden of the covenant was intended to run with the land. correct incorrect

The covenant must comply with relevant registration or notice requirements. correct incorrect

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. Which one of the following is not a means of demonstrating that the benefit of a freehold covenant was intended to run with the land in equity?

Express or implied annexation. correct incorrect

Express of implied assignment. correct incorrect

Scheme of development. correct incorrect

Doctrine of estoppel. correct incorrect

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. Which of the following statements is correct?

The Lands Chamber of the Upper Tribunal has no power to discharge or modify a covenant. correct incorrect

The Lands Chamber of the Upper Tribunal has unlimited power to discharge and modify positive and negative covenants. correct incorrect

The Lands Chamber of the Upper Tribunal has a power to discharge and modify covenants but only positive covenants. correct incorrect

The Lands Chamber of the Upper Tribunal has a power to discharge and modify covenants but only restrictive covenants. correct incorrect

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. Under which statutory provision is the Lands Chamber of the Upper Tribunal endowed with the power to discharge or modify restrictive covenants? Select one of the following.

Section 56 of the LPA 1925 correct incorrect

Section 78 of the LPA 1925 correct incorrect

Section 79 of the LPA 192 correct incorrect

Section 84 of the LPA 1925 correct incorrect

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. What is the principal reason that applications are made to the Lands Chamber of the Upper Tribunal for modification of restrictive covenants? Select one of the following.

To increase the burden of the covenant. correct incorrect

To include expenditure as a term of the covenant. correct incorrect

To challenge the validity of the deed creating the covenant. correct incorrect

To allow for greater residential development of the burdened land. correct incorrect

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. The grounds for discharge or modification of a restrictive covenant can be distilled into roughly how many categories? Select one of the following.

Two correct incorrect

Four correct incorrect

Ten correct incorrect

Twenty correct incorrect

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. Which one of the following is not a ground on which a restrictive covenant can be discharged or modified under s. 84 of the LPA 1925?

Obsolescence. correct incorrect

Impediment of reasonable user. correct incorrect

Agreement of those benefiting under the covenant to discharge or modification. correct incorrect

Failure to disclose conflict of interest. correct incorrect

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. Which one of the following Law Commission projects looked broadly at the law of covenants?

Law Commission Report No. 327, Making Land Work correct incorrect

Law Commission Report No. 349, Conservation Covenants correct incorrect

Transfer of Land: Appurtenant Rights, Law Commission Working Paper No. 36 correct incorrect

Law Reform Committee, Acquisition of Easements and Profits by Prescription correct incorrect

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. Which one of the following statements is correct?

The recommendations of the Law Commission in its 2011 Report Making Land Work were far from radical. correct incorrect

The recommendations of the Law Commission in its 2011 Report Making Land Work were radical. correct incorrect

The recommendations of the Law Commission in its 2011 Report Making Land Work were inconclusive. correct incorrect

The recommendations of the Law Commission in its 2011 Report Making Land Work were conservative. correct incorrect

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. What was the name given to the new legal interest in land that the Law Commission recommended should be introduced in its 2011 report? Select one of the following.

The Land Charge correct incorrect

The Land Obligation correct incorrect

The Land Interest correct incorrect

The Proprietary Obligation correct incorrect

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. How would the recommended new 'land obligation' work? Select one of the following.

Land obligations would replace covenants, would be legal interests, could be positive or negative, and, created by deed, would be enforceable if they were duly registered. correct incorrect

Land obligations would replace covenants but follow similar rules to those currently in place in particular the non-enforceability of positive covenant. correct incorrect

Land obligations would replace negative covenants but keep the rules on positive covenants in tact as under the current law. correct incorrect

Land obligations would replace positive covenants but keep the rules on negative covenants in tact as under the current law. correct incorrect

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. What is the status of the Law Commission's proposals contained in its 2011 report? Select one of the following.

They have recently been implemented. correct incorrect

They are currently going through Parliament. correct incorrect

They have not been implemented and this now looks increasingly unlikely. correct incorrect

They have not been implemented but did receive universal praise. correct incorrect