Janet and Tad Were Neighbours

question 31

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

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