Chapter 23 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 at law directly, 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 covenant does not run at law.

. Covenants to pass on the disposition of a fee simple estate must always be negative in nature.

False

True

. 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.

. If the courts are moving towards a preference of an award of damages for a breach of covenant as opposed to the enforcement of those covenants by the award of specific performance or injunction, this will merely encourage the wealthy landowner to ignore her neighbourly obligations.

True

False

. In terms of reform of restrictive covenants over registered land, which of the following can be said of The Law Commission's 'land obligations'?
Please select all that apply.

They may be negative or positive.

They will give their registered holder a legal interest in the land.

Annexation to the land will be automatic.

They will increase the number of parcels of land registered.

Quiz Content