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Covenants personal to grantor/ grantee

a) May be transferred
b) Cannot be transferred
c) Are separate agreements
d) Are imposed by law

User Lockna
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1 Answer

1 vote

Final answer:

Restrictive covenants personal to the grantor or grantee generally cannot be transferred. These are specific, private agreements attached to property deeds, and their enforceability can be subject to legal and civil rights considerations, as seen in historical Supreme Court rulings.

Step-by-step explanation:

Covenants personal to the grantor or grantee typically cannot be transferred as they are based on personal agreements or obligations between the parties involved in the original property transaction. These covenants are separate agreements that can restrict the use of the property, often established by land developers to maintain certain standards within a neighborhood, such as minimum house sizes or aesthetic requirements.

However, it is important to note that while these covenants are between private individuals, their enforcement changed with landmark cases such as Shelley v. Kraemer, where the Supreme Court held that restrictive covenants could not be enforced by government courts as it would violate the Fourteenth Amendment's equal protection clause. This illustrates that although restrictive covenants are private agreements, they are subject to the review of law and civil rights considerations.

User Lellansin
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