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Chapter 10 Multiple Choice questions
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Chapter 10 Multiple Choice questions
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What is a covenant? Select one of the following.
A covenant is a promise entered into in signed writing
correct
incorrect
A covenant is a promise entered into in a deed
correct
incorrect
A covenant is a promise made orally
correct
incorrect
A covenant can only be made in a will
correct
incorrect
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Which of the following statements correctly describes the enforceability of freehold covenants between the original parties (i.e. original covenantor and original covenantee)?
Between the original parties there exists 'privity of contract', and therefore any covenants will be enforceable as a simple matter of contract law.
correct
incorrect
Between the original parties there exists 'privity of estate', and therefore any covenants will be enforceable.
correct
incorrect
Between the original parties there is no 'privity of contract', and therefore covenants will not be enforceable.
correct
incorrect
Between the original parties, covenants will only be enforceable where there is an express clause in the covenant deed providing for enforceability.
correct
incorrect
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There are distinct legal and equitable rules for the passing of the benefit and the burden of covenants. What is the position as to the mixing of these rules?
Case law has put beyond doubt that there can be no mixing of the legal and equitable rules.
correct
incorrect
Case law has put beyond doubt that mixing of the legal and equitable rules is permissible.
correct
incorrect
The case law has failed to reach a definitive answer on whether the legal and equitable rules can be mixed.
correct
incorrect
It does not matter whether the legal and equitable rules can be mixed as the rules are, in any event, identical in their operation.
correct
incorrect
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Which one of the following statements as to the passing of the benefit and burden of freehold covenants is incorrect?
The benefit of a covenant is capable of passing both at law and in equity.
correct
incorrect
The benefit of both positive and negative covenants is capable of passing at law and in equity.
correct
incorrect
The rules for the passing of the benefit in equity are generally regarded as more readily satisfied than those at law.
correct
incorrect
The burden of negative, restrictive covenants can only pass at law and not in equity.
correct
incorrect
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As regards the 'touch and concern' test which applies to the passing of the benefit of freehold covenants, in which case did Lord Oliver lay down the current authoritative three-part test which focuses on whether the covenant is or is not expressed to be personal, whether the covenant is for the benefit of the land or the landowner, and its impact on the nature, quality, mode of use, or value of the land?
Rogers v Hosegood
(1900)
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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Which one of the following statements concerning the passing of the benefit of a freehold covenant at law by annexation is incorrect?
Annexation can be express, implied, or operate under statute.
correct
incorrect
Express annexation involves the use of express words in the deed of covenant which make plain that the covenant is granted for the benefit of a particular parcel of land or that the covenant is intended to benefit successors of the covenantee.
correct
incorrect
Implied annexation is extremely rare and given the availability of express and statutory annexation, today, plays very little role.
correct
incorrect
Statutory annexation of the benefit of a covenant takes place under s. 79 of the LPA 1925.
correct
incorrect
Statutory annexation of the benefit of a covenant can only take place provided there is no evidence of contrary intention excluding operation of the provision.
correct
incorrect
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What is the leading case on statutory annexation of the benefit of a covenant under s. 78 of the LPA 1925?
Tulk v Moxhay
(1848)
correct
incorrect
Miles v Easter
(1933)
correct
incorrect
Federated Homes Ltd v Mill Lodge Properties Ltd
(1980)
correct
incorrect
Rhone v Stephens
(1994)
correct
incorrect
Small v Oliver & Saunders
(2006)
correct
incorrect
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Since the decision in
Tulk v Moxhay
(1848) there has been a series of requirements that must be met if the burden of a covenant is to pass in equity. Which of the following is
not
one of these requirements?
The covenant must be restrictive (negative) in character
correct
incorrect
The covenant must 'touch and concern' the land
correct
incorrect
There must be identified land capable of benefiting from the covenant
correct
incorrect
The burden of the covenant must be intended to run with the land
correct
incorrect
The covenant must comply with relevant registration requirements
correct
incorrect
The burden of restrictive covenants can only pass in registered land and cannot pass in unregistered land
correct
incorrect
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As to the passing of the benefit and burden of positive and negative covenants, which one of the following statements is incorrect?
The benefit of positive and negative covenants can pass directly at common law
correct
incorrect
The benefit of positive and negative covenants can pass directly in equity
correct
incorrect
The burden of positive and negative covenants can pass directly at common law
correct
incorrect
The burden of negative covenants only can pass in equity
correct
incorrect
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Which one of the following is
not
a method allowing for the
indirect
enforcement of positive freehold covenants?
The doctrine of benefit and burden
correct
incorrect
A 'scheme of development' or 'building scheme'
correct
incorrect
A chain of indemnity covenants
correct
incorrect
A long lease under s. 153 of the LPA 1925
correct
incorrect
Estate rentcharges and rights of re-entry
correct
incorrect
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