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What is the key difference between a restrictive covenant and an easement in property law?

Correct Answer

A) Covenants restrict how land is used, while easements grant a right to use land.

Restrictive covenants impose limitations on how land can be used (such as prohibiting certain activities), while easements grant positive rights to use land (such as a right of way). Both can be permanent interests that run with the land and typically require registration.

Answer Options
A
Covenants restrict how land is used, while easements grant a right to use land.
B
A covenant lapses after a set period, whereas an easement stays on the title permanently.
C
A covenant applies to commercial land, whereas an easement applies to homes.
D
A covenant must be registered, whereas an easement binds buyers without it.

Why This Is the Correct Answer

A restrictive covenant limits what an owner may do on their own land, such as building above two storeys. An easement gives someone a right to use another person's land, such as a right of way. One restricts use; the other grants use.

Why the Other Options Are Wrong

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Key Terms:

restrictive covenanteasementnegative obligationpositive rightTorrens title
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