Chapter 3 covanent Flashcards
A building scheme:
(1) will be found to be enforceable as long as all lots in the building scheme are the same size.
(2) is a group of restrictive covenants usually applying to all lots in the same subdivision.
(3) is a builder’s plan to make sure that some lot owners in a subdivision abide by the aesthetic guidelines the builder considers attractive.
(4) can be registered after three or more lots have been sold.
2
Which one of the following is NOT essential in order to constitute a restrictive covenant in law?
(1) It must be positive in nature.
(2) It must be negative in nature.
(3) At least 2 parcels of property must be involved.
(4) The burden of the restriction must have been intended by the parties to bind the land.
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Which of the following elements is NOT required in order to establish a restrictive covenant?
(1) It must be negative in nature.
(2) Both the benefited and burdened land must be precisely identified in the agreement or document creating the restrictive covenant.
(3) The burden of the restriction must have been intended by the parties to bind the land.
(4) The covenantor must retain the restricted property, as any subsequent buyer will not be a party to the original contract.
4
A limitation or restriction placed upon the use of one person’s land for the benefit of another is called:
(1) remuneration.
(2) a zoning bylaw.
(3) a restrictive covenant.
(4) an order absolute of foreclosure.
3
A restrictive covenant imposes a restriction on the use of one person’s land for the benefit of another piece of land. Which of the following statements concerning restrictive covenants is FALSE?
(1) The covenant must be worded in positive terms.
(2) The restriction must be intended by the parties to bind the land.
(3) The person who agrees to be bound is called the covenantor.
(4) A restrictive covenant will not be enforceable where the character of the neighbourhood has changed so as to make enforcement useless.
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