[2] r&i

Question 1

Covenants

Answer 1

legally enforceable promise made in a deed

Positive and Negative (hand in pocket test)

Question 2

Privity Doctrine

Answer 2

Relationship that exists between the immediate parties of the contract

Strict Common Law Doctrine

Tweddle v Atkinson (1861) - Common Law Privity Doctrine

Question 3

No Privity at Common Law

Answer 3

Passing of Benefit at Common Law

Austerberry v Oldham Corporation (1885) - Passing of Benefit at Common Law

No Passing Of Burden at Common Law

Austerberry v Oldham Corporation (1885) - No Passing of Burden at Common Law

Question 4

No Privity at Equity

Answer 4

Passing of Burden of Negative Covenants at Equity

Tulk v Moxhay (1848) - The position of negative or restrictive covenant changed by equity

Question 5

Discharge of Covenants

Answer 5

Unity of Dominant and Servient Tenement
Effluxion of time - 20 years
Release or variation
Change of Use where the continuance of restriction impedes development of land for public or private purpose

Question 6

Easements

Answer 6

In Alieno Solo

One landowner has a right over the land of another

Question 7

Creation of Easements

Answer 7

(1) Expressly - generally needs to be in writing
(2) Impliedly/Necessity
(3) By Statute

Question 8

Easement of Subjacent Support

Question 9

Conditions for Easement Formation

Question 10

Extinguishment of Easements

Question 11

Natural Right of Support