Ace and Loretta Were Neighbours

question 25

Multiple Choice

Ace and Loretta were neighbours.He owned Blackacre and she owned Whiteacre.They purportedly created a restrictive covenant under which she promised that she would not build a pool in her backyard,and that she would prune her trees on an annual basis.Loretta sold Whiteacre to Moira.Moira wants to build a pool in her backyard and she refuses to prune her trees.Which of the following statements is TRUE?

• A)Because a restrictive covenant runs with the land,Moira cannot build a pool and must prune her trees.
• B)Moira is bound by the restrictive covenant,at least in part,even if she did not have any way of knowing about it when she bought Whiteacre from Loretta.
• C)Moira may be prohibited from building a pool,but she cannot be required to prune her trees.
• D)Ace cannot possibly enforce the restrictive covenant against Moira because she was not a party to the contract that created the restrictive covenant.
• E)Ace can enforce the restrictive covenant against Moira only if he provided consideration to her after she purchased Whiteacre from Loretta.

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