The question (15 marks)
Discuss the validity of conditions restraining alienation under the Transfer of Property Act 1882, distinguishing absolute from partial restraints, and explain how far a covenant restricting the use of land binds a subsequent purchaser. (15 marks)
MU Module I, restrictive covenants and conditional transfers; pack ch. 02 and case briefs 06 to 08.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · General Principles of Transfer of Transfer of Property.
Authorities you will need
- Rosher v Rosher, Chancery Division
- Muhammad Raza v Abbas Bandi Bibi, Privy Council
- Tulk v Moxhay, Lord Cottenham LC
- In re Macleay and Doe d. Gill v Pearson, cited in Muhammad Raza
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.