A owns two adjoining properties X and Y. A sells the property X to B and imposes a condition that for…
The second paragraph of section 11 preserves a direction concerning one immovable property for the beneficial enjoyment of another. The restriction on building on X benefits…
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?
Answer and explanation
Correct answer B
The second paragraph of section 11 preserves a direction concerning one immovable property for the beneficial enjoyment of another. The restriction on building on X benefits the retained adjoining Y, so the stated condition is valid. It need not be a gratuitous transfer or the only access route.
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