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Which of the following is NOT typically considered a restriction on the right of alienation?

Correct Answer

C) A restrictive covenant limiting the height of any building on the land.

A restrictive covenant limiting building height restricts the right of user and enjoyment, not the right of alienation (right to sell or transfer). Caveats, mortgages, and court injunctions can all prevent or restrict the owner's ability to sell the property.

Answer Options
A
A caveat lodged by a purchaser who claims an equitable interest under an earlier contract.
B
A registered mortgage that must be discharged or dealt with on any sale.
C
A restrictive covenant limiting the height of any building on the land.
D
A court injunction restraining the owner from selling the property.

Why This Is the Correct Answer

A height covenant controls how the land may be used and built on, which limits the right of user and enjoyment. It does not stop the owner selling: the land can be transferred with the covenant still attached.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

alienationrestrictive covenantcaveatmortgageTorrens system
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