Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Hi there, pls help me with this qn! Thanks. Assume that Jordan is the registered proprietor of the fee simple estate in a picturesque plot

image text in transcribed

Hi there, pls help me with this qn! Thanks.

image text in transcribed

Assume that Jordan is the registered proprietor of the fee simple estate in a picturesque plot of land in Perth called 'Whiteacre'. Sam is good friends with Jordan. A few years ago, Sam purchased a licence from Jordan to 'walk around Whiteacre on Sunday mornings for exercise purposes'. [You can assume that this is indeed a contractual licence.] Last month, in return for a modest sum of money, Jordan agreed to the following terms drafted by Sam: 'Clause 1 . Sam has an easement to freely wander and walk around Whiteacre at all hours. Clause 2. Jordan, as the owner of Whiteacre, is hereby bound by a restrictive covenant not to build any new buildings on Whiteacre that may impede Sam's walks on Whiteacre'. Based on these limited facts, pick the most correct option. o Putting aside the validity issues of the so-called 'easement' in Clause 1 & 'restrictive covenant' in Clause 2, there seems to be no dominant tenement on these facts. o b. The burdens in Clause 1 & Clause 2 are unenforceable againstJordan because these burdens do not 'run with land' in equity or law o For the purposes of the 'restrictive covenant' in Clause 2, Sam's interest in Whiteacre constitutes the dominant tenement All other options are incorrect

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Introduction to Business Law

Authors: Jeffrey F. Beatty, Susan S. Samuelson

5th edition

128586039X, 978-1305445840, 1305445848, 978-1285860398

More Books

Students also viewed these Law questions