Question
Mr. Ash owned a 10-hectare property. He subdivided the land into two 5-hectare lots. He decided to keep lot A for himself and to sell
Mr. Ash owned a 10-hectare property. He subdivided the land into two 5-hectare lots. He decided to keep lot A for himself and to sell lot B. His friend and neighbour, Ms. Bugle, wanted lot B, so they made the following deal: For lot B, Bugle would give Ash$100 000, her vintage collectible car, a right of way of three meters along the east side of lot B to provide access to the highway, her promise not to remove any of the cedar trees (a row of which benefits lot A by blocking the view of a factory), and her promise to plant a 5-metre-long laurel hedge to block Ash's view of her driveway. All promises were registered. Which one of the following is true?
Question 18 options:
Ms. Bugle would have to comply with all terms of this contract except for the part about the laurel hedge, because that is a positive covenant.
This kind of deal for land is not possible because it is too complicated.
With regards to the right of way, lot B is the dominant tenement and lot A is the servient tenement.
If the right of way is properly registered in the land title office, it would bind subsequent purchasers of either lot A or lot B even though they were not privy to the original contract.
If Ms. Bugle sells lot B to Mr. Ho, Mr. Ho could cut down the cedar trees because the promise was part of the contract between Mr. Ash and Ms. Bugle to which Mr. Ho was not privy, and which therefore does not affect him.
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