Which instrument protects the value of retained land by requiring consent for building work or change of use?

Get ready for the CILEx Conveyancing Level 6 Exam. Study with multiple choice questions, detailed hints, and explanations. Enhance your preparation and succeed!

Multiple Choice

Which instrument protects the value of retained land by requiring consent for building work or change of use?

Explanation:
Restrictive covenants are a means of binding landowners to limits on what can be built or how land can be used, and they run with the land so future owners are bound too. When a covenant requires the consent of the other party before building works or a change of use, it directly controls development to protect the value of retained land. This makes restrictive covenants the right instrument for safeguarding property values in adjacent or retained parcels. By contrast, a deed of trust creates ownership arrangements; an easement grants a right of use rather than development control; and a lease covenant sits within a lease and mainly governs the tenant’s obligations during the term, not long‑term development controls that affect land value.

Restrictive covenants are a means of binding landowners to limits on what can be built or how land can be used, and they run with the land so future owners are bound too. When a covenant requires the consent of the other party before building works or a change of use, it directly controls development to protect the value of retained land. This makes restrictive covenants the right instrument for safeguarding property values in adjacent or retained parcels. By contrast, a deed of trust creates ownership arrangements; an easement grants a right of use rather than development control; and a lease covenant sits within a lease and mainly governs the tenant’s obligations during the term, not long‑term development controls that affect land value.

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