A sells adjoining property X to B and retains property Y. The sale requires B to keep part of X open…
The second paragraph of Section 11 preserves the transferor’s right to enforce a restriction on one parcel for the beneficial enjoyment of another parcel. The restriction on…
Choose your answer
A sells adjoining property X to B and retains property Y. The sale requires B to keep part of X open and free of construction for the beneficial enjoyment of Y. How does Section 11 of the Transfer of Property Act, 1882 apply?
Answer and explanation
Correct answer B
The second paragraph of Section 11 preserves the transferor’s right to enforce a restriction on one parcel for the beneficial enjoyment of another parcel. The restriction on X benefits A’s retained property Y. The exception requires neither a gratuitous transfer nor proof that Y has no other access.
Option feedback
Option A
Incorrect. The second paragraph expressly preserves enforcement rights for the benefit of another parcel.
Option B
Correct. The restriction is imposed on X for the beneficial enjoyment of A’s retained parcel Y.
Option C
Incorrect. The second paragraph applies without making the transfer gratuitous.
Option D
Incorrect. Beneficial enjoyment is the statutory test. The text does not require proof that access is otherwise impossible.
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