Ace and Loretta were neighbours. He owned Blackacre and she owned Whiteacre. They purportedly created a restrictive covenant under which she promised that she would not build a pool in her backyard, and that she would prune her trees on an annual basis. Loretta sold Whiteacre to Moira. Moira wants to build a pool in her backyard and she refuses to prune her trees. Which of the following statements is TRUE?
A) Moira is bound by the restrictive covenant, at least in part, even if she did not have any way of knowing about it when she bought Whiteacre from Loretta.
B) Moira may be prohibited from building a pool, but she cannot be required to prune her trees.
C) Ace can enforce the restrictive covenant against Moira only if he provided consideration to her after she purchased Whiteacre from Loretta.
D) Because a restrictive covenant runs with the land, Moira cannot build a pool and must prune her trees.
E) Ace cannot possibly enforce the restrictive covenant against Moira because she was not a party to the contract that created the restrictive covenant.
Correct Answer:
Verified
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