Annalie Recently Acquired a Piece of Land Called Blackacre, That

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The Answer is The restrictive covenant arose by agreement between a former owner of Blackacre and the owner of a neighbouring property. Contractual rights generally can be enforced only by and against the parties to the contract. The restrictive covenant is a contractual right arising from a contract to which Annalie was not a party. Nevertheless, it may be enforced against her because, unlike most contractual rights, a restrictive covenant can "run with the land" (in the sense of binding a successor in title of an original contractual party) . The law, however, is reluctant to impose the burden of a contract upon a non- party. It will allow the restrictive covenant to be enforced against Annalie only if she either: (i) received Blackacre as a gift, or (ii) purchased Blackacre with knowledge of the existence of the restrictive covenant.
Annalie's lawyer's question consequently is very important. If Annalie acquired Blackacre as a gift, she will be subject to the restrictive covenant even if she did not know about its existence at the outset. The law will not provide much protection to a "volunteer" (that is, someone who did not give consideration) . In contrast, if Annalie purchased Blackacre, she will be subject to the restrictive covenant only if she knew about it at the outset. The law generally protects people who buy in good faith.

Annalie Recently Acquired a Piece of Land Called Blackacre, That

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