* not completed

. 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

* not completed

. 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

* not completed

. 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

* not completed

. 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

* not completed

. 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

* not completed

. 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

* not completed

. 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

* not completed

. 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

* not completed

. 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

* not completed

. 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