Janet and Tad Were Neighbours

question 49

Multiple Choice

Janet and Tad were neighbours. She owned Whiteacre and he owned Blackacre. They created a restrictive covenant that prohibited Tad from building a fence around his property. Janet gave Whiteacre to Helene as a gift. Tad gave Blackacre to Bentley as a gift. Which of the following statements is TRUE?

• A) The restrictive covenant is valid only if it was notarized by a member of the law society.
• B) There is no possibility of enforcement because a restrictive covenant must deal with benefits rather than burdens.
• C) When the restrictive covenant was created, Janet owned the dominant tenement and Tad owned the servient tenement.
• D) Helene can enforce the restrictive covenant as long as she knew of the restrictive covenant when she acquired Whiteacre.
• E) Bentley can be prohibited from building a fence around Blackacre only if he knew of the restrictive covenant when he acquired Blackacre.

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Definitions:

General Partner

A member of a partnership who has unlimited liability and is responsible for the management of the partnership.

Limited Partnership

A business structure with at least one general partner who manages the business and assumes unlimited liability, and one or more limited partners who provide capital and have limited liability.

Limited Partnership

A partnership structure where at least one partner has unlimited liability (general partner) and one or more partners have limited liability (limited partners), restricting their losses to their investment in the partnership.

Limited Liability Partnership

A business structure where partners have limited liabilities, protecting personal assets from the debts of the business.