Chapter 13 Self-test questions

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1. Match the correct term with the definition.

1a. Promise made in a deed

Select an answer choice Covenantor Injunction Covenantee Covenant

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1b. Person making a covenant

Select an answer choice Covenant Covenantor Injunction Covenantee

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1c. Person with whom a covenant is made

Select an answer choice Covenantee Injunction Covenant Covenantor

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1d. Order of the court to carry out a covenant

Select an answer choice Covenantor Covenant Injunction Covenantee

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2. Enforcement between the original covenantor and covenantee is a straightforward matter of _______ law.

Your response

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3. Which statement best represents the effect of LPA 1925 s.56(1)?

LPA 1925, s. 56(1) removes the old rule that a person must be expressly referred to by name in the deed of covenant if he or she is to benefit from it. correct incorrect

LPA 1925. S. 56(1) has abolished the doctrine of privity of contract in relation to covenants. correct incorrect

LPA 1925, s.56(1) permits successors in title of the covenantee to claim the benefit of a covenant. correct incorrect

LPA 1925 s.56(1) requires those taking the benefit of a covenant to be named as a party to the deed. Anyone not named as a party may not take the benefit of the covenant. correct incorrect

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4. Which of the following statements about the Contracts (Rights of Third Parties) Act 1999 are correct?
Please select all that apply.

C(RTP)A 1999 applies to all contracts made after 11 May 2000. correct incorrect

C(RTP)A 1999, s. 1(1), gets rid of the problems caused by having to distinguish between a party for whose benefit a contract or covenant is made and a person with whom a contract or covenant is made. correct incorrect

C(RTP)A 1999, s. 1(3), means that a successor in title to the original covenantee may be able to enforce a covenant, as long as it is made for their benefit. correct incorrect

C(RTP)A 1999 means that we need not worry about the common law or equitable rules for the passing of the benefit and burden of a covenant to successors in title. correct incorrect

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5. Which of the following tests of whether a covenant 'touches and concerns the land' are correct?
Please select all that apply.

The covenant is only of benefit to the person who owns the estate in the land; if it is separated from the land, it is not of any use to the covenantee any more. correct incorrect

The covenant affects the nature or quality of the land, how it can be used, or the value of the land of the estate owner. correct incorrect

The covenant is not expressed to be personal—that is, it is not a promise made to a specific person. correct incorrect

The covenant was entered into for money or money's worth, or for business purposes. correct incorrect

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6. Austerberry v. Corporation of Oldham (1885) 29 Ch D 750 is authority for the rule that the ______ of a covenant cannot pass to successors in title at common law.

Your response

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7. Match the description with the correct term.

7a. a covenant that requires the covenantee to do something—particularly something that requires the spending of money

Select an answer choice Positive covenant Restrictive covenant annexation assignment

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7b. a covenant that prohibits the doing of something

Select an answer choice Positive covenant Restrictive covenant annexation assignment

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7c. the permanent attachment of the benefit of a covenant to the land of the covenantee, so that it passes with the land whenever it is transferred

Select an answer choice Positive covenant Restrictive covenant annexation assignment

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7d. the transfer of the benefit of a covenant to a particular person

Select an answer choice assignment Restrictive covenant annexation Positive covenant

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8. Which of the following are types of annexation of the benefit of a covenant? Please select all that apply.

Express annexation correct incorrect

Implied annexation correct incorrect

Statutory annexation correct incorrect

Common law annexation correct incorrect

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9. Federated Homes v. Mill Lodge Properties [1980] 1 All ER 371 interpreted ______________ in such a wide way as to effect a statutory annexation of the benefit of any restrictive covenant made to the land after 1925.

Your response

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10. Which of the following are correctly stated differences between annexation and assignment of a covenant in equity? Please select all that apply.

Annexation attaches the benefit to land, whereas assignment transfers it to a certain person. correct incorrect

Assignment attaches the benefit to land, whereas annexation transfers it to a certain person. correct incorrect

Annexation happens at the time at which the covenant is entered into, whereas assignment happens at the time the land is transferred. correct incorrect

Once a covenant is assigned, it passes with every transfer of the land; annexation must occur each time the land is transferred. correct incorrect

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11. Which of the following requirements for a building scheme are considered essential in modern cases? Please select all that apply.

It applies to a defined area of land. correct incorrect

Owners of properties within the area have purchased their properties from a common owner. correct incorrect

Each of the properties is burdened by covenants which were intended to be mutually enforceable as between the several owners. correct incorrect

The limits of that defined area are known to each of the purchasers. correct incorrect

The common owner is himself bound by the scheme, which crystallises on the occasion of the first sale of a plot within the defined area, with the consequence that he is not entitled to dispose of plots within that area otherwise than on the terms of the scheme. correct incorrect

The effect of the scheme will bind future purchasers of land falling within the area, potentially for ever. correct incorrect

The scheme can contain both positive and restrictive covenants, and both types will be binding. correct incorrect

The description and the plans in the relevant transfers may indicate only individual properties. correct incorrect

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12. The rules for the passing of the burden of a covenant in equity are known as the ______________________.

Your response

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13. Which is the correct statement of the rules for the passing of the burden of a covenant in equity?

1. The covenant must be restrictive.
2. At the date of the covenant, the covenantee owned land that was benefited by the covenant.
3. The original parties intended the burden to run with the land to bind successors.
4. The covenantor must take with notice of the covenant. correct incorrect

1. The covenant must be positive.
2. At the date of the covenant, the covenantee owned land that was benefited by the covenant.
3. The original parties intended the burden to run with the land to bind successors.
4. The covenantor must take with notice of the covenant. correct incorrect

1. The covenant must be restrictive.
2. At the date of the covenant, the covenantor owned land that was benefited by the covenant.
3. The original parties intended the burden to run with the land to bind successors.
4. The covenantor must take with notice of the covenant. correct incorrect

1. The covenant must be restrictive.
2. At the date of the covenant, the covenantee ran a business protected by the covenant.
3. The original parties intended the burden to run with the land to bind successors.
4. The covenantor must take with notice of the covenant. correct incorrect

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14. Which of the following are possible ways of ensuring that a positive covenant to repair a driveway runs with the land? Please select all that apply.

Granting a leasehold estate correct incorrect

Using a registered commonhold scheme correct incorrect

Ensuring that there is a mutual benefit and burden correct incorrect

Granting an easement instead correct incorrect

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15. When answering a question on breach of covenant, it is essential to look carefully the wording of the covenant to see if the action (or proposed action) is in breach of the covenant. True or false?

True correct incorrect

False correct incorrect

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16. Which of the following are reasons to award damages rather than an injunction for breach of covenant? Please select all that apply.

If the injury to the claimant's legal rights is small. correct incorrect

If the injury to the claimant's legal rights is one which is not capable of being estimated in money. correct incorrect

If the injury to the claimant's legal rights is one which can be adequately compensated by a substantial money payment. correct incorrect

If the case is one in which it would be oppressive to the defendant to grant an injunction. correct incorrect

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17. Jeremy has bought a house and discovered that there is a covenant on the charges register prohibiting him from extending the house. All the other houses in the road have been extended. Jeremy believes that he is free to disregard the covenant. True or false?

True correct incorrect

False correct incorrect