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13 marksEstates, Co-ownership, Leases and Licences

CAPE Law Unit 2 · 2008 (second paper) · Paper 2 · Question 10(b)

Rambo lives in an area subject to restrictive covenants barring commercial activity and buildings over one storey. He begins building a second storey to operate a grocery on the ground floor. A stop order is served following neighbour complaints.

Explain to Rambo whether he can appeal successfully against the stop order. Refer to decided cases to support your answer.

The mark scheme is shown once you've answered.

Practise this question

Other parts of this question

  1. 10(a)Outline TWO situations where the court of equity will enforce a benefit under a restrictive covenant.[12 marks]

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