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CELE SQE1 模拟练习

Examination Timing: 00H02M16S

A farmer sells a field, which forms part of her farm, to a man. In the transfer, the man agrees for himself and his successors in title to erect no more than four single-storey houses on the field. What is the nature of the interest created in the transfer?

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The agreement in the transfer is a restrictive covenant, which restricts the use of the land by prohibiting the erection of more than four single-storey houses. Restrictive covenants are generally classified as equitable interests, not legal interests, because they are enforceable in equity. They bind successors in title if the covenant touches and concerns the land and if it is properly registered. 

Key Point: Restrictive covenants are equitable interests that impose limitations on the use of land. They are enforceable against successors in title if the covenant is related to the land and is appropriately recorded.



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