Which statement best describes how restrictive covenants bind successors in title?

Which statement best describes how restrictive covenants bind successors in title?

• A. They must be personal to the original owner.
• B. They must be included in a building scheme
• C. They must be implied by Wheeldon
• D. They must be protected by registration and not intended personal

Answer: (D)

Restrictive covenants bind successors in title only if they are real, land-related obligations that are intended to run with the land. The key is that the covenant must touch and concern the land and be intended to bind future owners, and crucially it must be protected by registration so that subsequent purchasers take subject to it. If the covenant is merely personal to the original owner or not registered, it won’t bind later owners. That’s why statements focusing on personal promises or on building schemes or implied easements (which Wheeldon deals with) aren’t correct. The protective registration requirement ensures the burden is enforceable against new owners, making the fourth option the best description.

Restrictive covenants bind successors in title only if they are real, land-related obligations that are intended to run with the land. The key is that the covenant must touch and concern the land and be intended to bind future owners, and crucially it must be protected by registration so that subsequent purchasers take subject to it. If the covenant is merely personal to the original owner or not registered, it won’t bind later owners.

That’s why statements focusing on personal promises or on building schemes or implied easements (which Wheeldon deals with) aren’t correct. The protective registration requirement ensures the burden is enforceable against new owners, making the fourth option the best description.