Question
Phil owns a property in a rural municipality. As the owner, Phil has an obligation to build a fence on the property to section off
Phil owns a property in a rural municipality. As the owner, Phil has an obligation to build a fence on the property to section off his property from neighbouring areas. However, Phil has decided to sell the property but has not yet had the chance to build the required fence that formed part of his original purchase contract. Which of the following is correct concerning the fence?
Question 3 options:
| The obligation to build the fence is a restrictive covenant that will pass to the new owner. |
| The new owner will have no obligation to build the fence. |
| The fence has to be built before Phil can sell the property. |
| The obligation to build the fence creates an adverse possession for the new owner. |
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