Site navigation

A owns two adjoining properties X and Y. A sells the property X to B and imposes a condition that for…

Section 11 generally allows the transferee of an absolute interest to disregard a direction about its enjoyment. Its second paragraph preserves a transferor’s right to…

Choose your answer

A owns two adjoining properties X and Y. A sells the property X to B and imposes a condition that for the more beneficial enjoyment of the property Y, B shall keep open a portion of property X and will not build upon it. Which of the following is correct?

Select one answer
Answer and explanation

Correct answer B

Section 11 generally allows the transferee of an absolute interest to disregard a direction about its enjoyment. Its second paragraph preserves a transferor’s right to enforce a direction on one piece of land for the beneficial enjoyment of another. A retained Y, and the restriction on X serves Y’s enjoyment. Section 40 separately addresses enforcement against a later gratuitous transferee or a transferee with notice.

Option feedback

Option A

Section 11 saves directions imposed for the beneficial enjoyment of another piece of immovable property.

Option B

A may enforce the restriction on X for the beneficial enjoyment of the retained land Y.

Option C

The section 11 saving is not limited to gifts.

Option D

The saving covers beneficial enjoyment, which need not amount to necessity for access.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic