Janet and Tad were neighbours. She owned Whiteacre and he owned Blackacre. They created a restrictive covenant that prohibited Tad from building a fence around his property. Janet gave Whiteacre to Helene as a gift. Tad gave Blackacre to Bentley as a gift. Which of the following statements is TRUE?
A) The restrictive covenant is valid only if it was notarized by a member of the law society.
B) There is no possibility of enforcement because a restrictive covenant must deal with benefits rather than burdens.
C) When the restrictive covenant was created, Janet owned the dominant tenement and Tad owned the servient tenement.
D) Helene can enforce the restrictive covenant as long as she knew of the restrictive covenant when she acquired Whiteacre.
E) Bentley can be prohibited from building a fence around Blackacre only if he knew of the restrictive covenant when he acquired Blackacre.
Correct Answer:
Verified
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