Under Queensland law, a restrictive covenant attached to land is enforceable against:
Correct Answer
B) Later owners of the burdened land, if the covenant is registered on the title
Once a restrictive covenant is registered on the title under the Land Title Act 1994, it runs with the land and is enforceable against all subsequent owners of the burdened lot.
Why This Is the Correct Answer
Under the Land Title Act 1994 (Qld), a registered covenant binds the owner of the burdened lot and later owners, who take title subject to it. That is why buyers must check the title for registered covenants before buying.
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Which type of property interest gives the holder the right to exclusive possession but NOT ownership of the land?
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Under Queensland law, a buyer holds an unregistered equitable interest under a contract but has not protected it with a caveat. Someone else then registers a competing interest. How is priority generally resolved?