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Review Your SQE 1 Practice Records

Examination Timing: 00H00M11S

Mr. Smith visits his solicitor because his neighbour's roof has recently fallen into disrepair, and he wants to know if he can take any action. He presents a deed in which his neighbour, Mr. Jones, covenanted for the benefit of Mr. Smith’s house "not to let the roof fall into disrepair." Which of the following best describes why Mr. Smith is likely to be able to sue Mr. Jones under this covenant?

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Mr. Smith is likely to be able to sue Mr. Jones under this covenant because Mr. Jones was the original party to the deed. Covenants made between original parties to a deed are enforceable between them. This means that since Mr. Jones was the original covenantor (the party who made the promise) and Mr. Smith's house was the intended beneficiary of this promise, Mr. Smith has the right to enforce the covenant directly against Mr. Jones. 

Key Point: In the context of freehold covenants, a covenant is a legally binding promise made in a deed. When the covenant is made between original parties, it remains enforceable between those parties. Understanding the enforceability of covenants is crucial for resolving disputes related to property maintenance and rights.

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