Deck 8: Freehold Covenants

Question 1

if the burden of a restrictive covenant is not registered and a third party purchases an equitable interest in the land, the purchaser will be bound by the restrictive covenant.

Answer 1

True

Question 2

In which case was it confirmed that only the burden of negative or restrictive covenants is able to pass in equity?

Answer 2

No Answer.

Question 3

What is the effect of section 78 Law of Property Act 1925?

Answer 3

No Answer.

Question 4

If a person sues on a covenant at law, what remedy will he be claiming?

Question 5

What remedies are available in equity?

Question 6

Can a restrictive covenant which is not registered as a land charge in unregistered land be revived if it is unenforceable against a subsequent purchaser when the land becomes registered land?

Question 7

What is the advantage of seeking to show that the benefit of a covenant has run in equity under the rules relating to building schemes?

Question 8

If the burden of a positive covenant is to pass under the 'benefit and burden rule', must the burden be intrinsically related to the benefit gained? Justify by reference to the case law.

Question 9

A covenant which requires the covenantee to spend money will be a ___ covenant. (8.5)

Question 10

Is it possible for the burden of a freehold covenant to run at law? Justify your answer by reference to the case law.

Question 11

Which of the following is not one of the factors that goes into Lord Oliver's test to determine whether a covenant touches and concerns the land in Swift Investments v. Combined English Stores?

A) A covenant will not touch and concern the land if compliance with it requires specialist knowledge
B) A covenant will touch and concern the land if it could bind any owner, rather than the particular original owner
C) A covenant will touch and concern the land if it affects the mode or user, or value of the land
D) A covenant will not touch and concern the land if it expressed to be personal

Question 12

What was the nature of the covenant in Rhone v. Stephens?

A) An agreement to maintain the neighbour's roof
B) An agreement to maintain the neighbour's fences
C) An agreement to maintain the neighbour's fences in return for their maintaining the driveway
D) An agreement not to carry on trade on the premises

Question 13

the automatic statutory annexation in section 78 Law of Property Act 1925 can be excluded by express contrary intention. Justify your answer by reference to the case law.

Question 14

the conditions laid down in Elliston v. Reacher are inflexible and conclusive for the existence of a building scheme. Justify your answer by reference to the case law.

Question 15

an adverse possessor of land would be bound by the burden of a restrictive covenant even if that covenant was not the subject of a notice on the register.

Question 16

The benefit of which of the following restrictive covenants would not be passed in equity as a result of their not touching and concerning the land?

A) A covenant not to carry on a car repair business
B) A covenant not to keep cats for the benefit of the neighbour's dog
C) A covenant not to build outbuildings
D) A covenant not to mine for minerals

Question 17

Which of the following is not one of the conditions for the operation of the rule applicable to building schemes in relation to restrictive covenants as laid down in Elliston v. Reacher?

A) The buildings must all be residential properties
B) There must be a common vendor
C) The land must be laid out in identifiable plots
D) The area subject to the scheme must be well defined

Question 18

Which statutory provision introduces a presumption that it was intended that the burden of a restrictive covenant was to run with the land?

A) Section 79(1) Law of Property Act 1925
B) Section 62 Law of Property Act 1925
C) Section 78 Law of Property Act 1925
D) Section 53 Law of Property Act 1925

Question 19

What was the nature of the covenant in Federated Homes v. Mill Lodge Properties?

A) An agreement not to build business premises on the land
B) An agreement to limit the number of houses on the land
C) An agreement to maintain the fencing of the surrounding land
D) An agreement not to build rival sporting facilities on the land

Question 20

Which case is considered to be the landmark case in establishing that the burden of a restrictive covenant can pass onto successors in title?

A) Rhone v. Stephens
B) Austerberry v. Oldham Corp
C) Federated Homes v. Mill Lodge Properties
D) Tulk v. Moxhay

Question 21

The burden of a restrictive covenant can only pass with the land if the covenant ___ the land. (8.5.2)