Proprietary Rights - Freehold Covenants Flashcards
(16 cards)
At common law, the burden of a freehold covenant will pass to successors if:
A. The successor chooses to take the benefit under the doctrine of mutual benefit and burden
B. The covenant is negative and touches and concerns the land
C. The original covenantor intended it to run with the land
D. The covenant is registered as a land charge
A. The successor chooses to take the benefit under the doctrine of mutual benefit and burden
Explanation: Only where the successor opts into the benefit (e.g. using a right coupled with repair obligations) will the burden pass
Which equitable rule automatically annexes a restrictive covenant to the dominant land?
A. Section 78 LPA 1925
B. Section 62 LPA 1925
C. Doctrine of mutual benefit and burden
D. Wheeldon v Burrows
A. Section 78 LPA 1925
Explanation: s 78 deems any restrictive covenant “expressed to be for the benefit of the land” annexed to the DT without express words
Under equitable principles, the burden of a restrictive covenant will pass if: (i) it touches and concerns the land; (ii) the original parties intended it to run; and (iii):
A. Notice is given to successors
B. It is a positive covenant
C. The covenantor holds a legal estate
D. The dominant land is unregistered
A. Notice is given to successors
Explanation: Notice (actual, constructive, or by registration/land charge) is essential to bind successors in equity
At common law, the benefit of a freehold covenant will not pass if:
A. It was intended by the original parties not to run
B. It is a restrictive covenant
C. The successor holds an equitable estate only
D. It touches and concerns the land
C. The successor holds an equitable estate only
Explanation: For common law assignment, both covenantee and successor must hold legal estates; equitable estates alone cannot carry the benefit at law
Alex buys land subject to a restrictive covenant (no building) and registers it. The benefit passes to Alex because:
A. The covenant touches and concerns the land, and Alex had notice via the register
B. Alex held only an equitable interest
C. The covenantor intended it not to run
D. It is a positive covenant
A. The covenant touches and concerns the land, and Alex had notice via the register
Explanation: Equitable benefit runs with the land if it touches and concerns, original parties intended it to run, and successors have notice
Beth assigns her legal right to enforce a repair covenant to Charlie. Charlie can enforce it because:
A. The benefit was validly assigned at common law (legal estates held)
B. The burden also passed by assignment
C. The covenant was equitable only
D. Beth held only an equitable estate
C. The covenant was equitable only
Explanation: If the original covenant was purely equitable, its benefit passes in equity by assignment, even though at law it could not
Diane’s predecessor built a fence under a positive covenant. On Diana’s purchase, she is bound to maintain it because:
A. The burden of positive covenants can run in equity
B. She opted into the benefit, invoking mutual benefit and burden
C. The covenant was registered as a Class D(ii) land charge
D. The covenant touches and concerns the land
B. She opted into the benefit, invoking mutual benefit and burden
Explanation: A successor who chooses to use a benefit that carries an obligation takes on the burden at common law
Emily and Frank agree covenants to maintain a private road. Frank sells his land but his successor, George, never registers a notice. George is:
A. Bound in equity if he had actual or constructive notice
B. Automatically bound under s 78 LPA 1925
C. Not bound because he is a tenant in common
D. Bound at common law
D. Bound at common law
Explanation: As a positive covenant may bind successors in equity only by mutual benefit/burden, a tenant in common choosing use could be bound at law under the doctrine of mutual benefit and burden
Hannah’s predecessor agreed to repair a shared driveway by private treaty (not by deed). On resale, Hannah cannot enforce it because:
A. No deed—no covenant at law or in equity
B. It touches and concerns the land
C. It was intended to run
D. It was registered as a land charge
A. No deed—no covenant at law or in equity
Explanation: Covenants must be by deed to create legal or equitable proprietary interests
Irene holds the benefit of a negative covenant restricting building. Her neighbor Jack violates it. Irene’s right against Jack’s successor, Karen, depends on:
A. Karen’s knowledge (actual or constructive) of the covenant
B. Whether Karen is a joint tenant or tenant in common
C. The burden passing at common law
D. Irene holding an equitable mortgage
B. Whether Karen is a joint tenant or tenant in common
Explanation: Only successors with a legal estate (joint tenant or TIC) can enforce at common law; equitable rights require notice
A restrictive covenant benefits land A and burdens land B. At common law, the burden passes if:
A. The successor chooses to use the benefit under mutual benefit and burden
B. The covenant was made under seal and registered
C. The easement touches and concerns both lands
D. The successor of the covenantor has a choice to use the benefit
C. The easement touches and concerns both lands
Explanation: Even at common law, for a burden to pass under mutual benefit and burden, the underlying right (easement) must touch and concern the land
Linda’s vendor held only equitable title when granting a covenant. Linda acquires the benefit because:
A. Equitable benefit can pass if intended and Linda has notice
B. The burden passes at common law
C. Section 78 applies only to legal covenants
D. The covenant was positive in nature
D. The covenant was positive in nature
Explanation: Positive covenants can pass in equity by assignment where intended, even if the original was equitable; section 78 does not apply to positive covenants
Under common equity, a successor seeking to enforce a positive covenant (e.g., fence repair) against the original covenantor’s successor must rely on:
A. A chain of indemnity covenants running through each intermediate owner
B. Automatic annexation under s 78 LPA 1925
C. Registration as a land charge
D. Doctrine of mutual benefit and burden
A. A chain of indemnity covenants running through each intermediate owner
Explanation: Positive burdens cannot run in equity; enforcement depends on each successor covenanting with their immediate predecessor (chain of indemnity)
Which of the following is not a ground for the court to discharge or modify a restrictive covenant under s 84 LPA 1925?
A. The covenant is obsolete and impedes reasonable use of the land
B. The owners of both DT and ST agree to the change
C. The benefit of the covenant is incapable of benefiting those entitled
D. The covenant was made more than 30 years ago
D. The covenant was made more than 30 years ago
Explanation: s 84 factors include obsolete restriction, changed neighbourhood character, inability of benefit to inure, or agreement of owners – age alone is not grounds
A restrictive covenant forbids commercial use of land. Twenty years on, the area has become commercial. The owner applies under s 84. The court is most likely to:
A. Refuse modification because covenants are strictly enforced
B. Discharge or modify the covenant due to changed character of locality
C. Refer the parties to arbitration
D. Require registration of a variation deed before acting
B. Discharge or modify the covenant due to changed character of locality
Explanation: s 84(1)(aa) allows modification/discharge where the covenant impedes reasonable use given neighbourhood change
Which approach correctly captures how an indemnity chain works for positive covenants?
A. Each new owner covenants with the original covenantee
B. The original covenantee sues each successor under the original deed
C. Successors covenant with their immediate predecessor, passing liability along the chain
D. Liability automatically transfers with the land, no agreement needed
C. Successors covenant with their immediate predecessor, passing liability along the chain
Explanation: Enforcement relies on each intermediate owner’s covenant to uphold the obligation stemming from their predecessor
