A

Read the following 4 scenarios and the associated questions regarding covenants.For each question answer Yes or No and explain your answer with reference to the relevant rule and, where possible, the relevant case. Assume that all land is held under Torrens Title in NSW and the covenant is recorded on the register.

a)Bill, the owner of land on a gated community, covenanted with Helen, the owner of an adjacent allotment, to mow his yard every week from October to April. Bill transfers his land to Dave.Is Dave, like Bill, required to mow his yard?(3 marks)

b)Remus has a registered right of way on a two-kilometer gravel road through Mary's property. Remus covenants to pay Mary $250 each year for the maintenance of the gravel road. Remus transfers his land to Mark. Is Mark required to comply with the covenant?(3 marks)

c)Fleur, the owner of an allotment, covenanted to deposit $200 per month into her next door neighbour, Fred's, bank account to assist with the cost of his university education. Fred transfers the land to Liz. Is Fleur required to pay $200 per month for Liz's university education? (3 marks)

d)Luna, the owner of land on the side of a hill overlooking the ocean, covenanted with Neville, the owner of adjacent land, not to build a second floor on her house. Luna transfers her land to Graham. Is Graham also bound by Luna's promise not to build a second floor?(3.5 marks)