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14 Cards in this Set
- Front
- Back
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What is the exam problem question structure for freehold covenants |
1. Introduction define the parties and land, and how have the covenants been breached, formalities and issue. 2. Equity - Start with identifying the burden then benefit and conclude with the available remedies. 3. If equity does not help, then use common law, options for helping with the burden, then the benefit and then conclude with he available remedies. 4. Perhaps? discharge covenants 5. Finders issue |
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What are the 4 requirements for a burden to be passed at equity |
1. Covenant must be negative 2. Covenant must accommodate dominant tenement 3. Original parties intended burden to run 4. Notice - The successor in title of the servient tenement must have notice |
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What is the relevant case to apply for the burden to pass at equity |
Tulk v Moxhay |
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What are the 2 requirements for the benefit to pass at equity |
1. Must 'touch' and 'concern' the dominant land 2. Then you have to show it has passed either through assignment or annexation |
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What type of remedy is available for freehold covenants |
Damages |
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Define a covenant |
A promise made in a deed |
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Who is the person who makes the the promise |
The covenantor |
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Who is the person who receives the benefit of the promise |
The covenantee |
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Define what the servient land is |
The land which carries the burden ofthe promise |
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Define what the dominant land is |
The land which enjoys the benefit ofthe promise |
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If 'A' covenants with 'B' to build asingle storey dwelling, what type of covenant is this |
A positive covenant |
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If 'A' covenants with 'B' not tobuild anything other than a single storey dwelling, what type of covenant is that |
A negative covenant |
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In an exam what does one start with first the equity or the common law first |
The equity at law |
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What rules should one be looking for first in Equity |
1.The rules for passing the benefit at equity 2.The rules for passing the burden at equity |
