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1 markEstates, Co-ownership, Leases and Licences

CAPE Law Unit 2 · 2006 · Paper 1 · Question 9(a)(ii)

An owner of two adjacent plots sells one plot with covenants requiring the buyer to keep the boundary fence in repair and not to operate a business. The buyer subsequently sells to a third party who neglects the fence and intends to operate a food business.

Identify who holds the benefit and who bears the burden of the covenant.

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Other parts of this question

  1. 9(a)(i)Identify the positive and negative covenants in the scenario.[2 marks]
  2. 9(a)(iii)Identify the covenantor and the covenantee.[1 mark]
  3. 9(b)Explain the common law rules governing the running of the benefit of a covenant to a successor in title of the covenantee.[3 marks]
  4. 9(c)Explain the rules governing the running of the burden of a covenant at common law and in equity.[3 marks]

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