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A client goes to see his solicitor because his neighbour’s roof has recently fallen into disrepair and he wants to see if he can do anything about it.
He shows his solicitor a deed in which the neighbour gave a covenant for the benefit of the client’s house: “not to let the roof fall into disrepair.”
Which of the following best describes why the client is likely to be able to sue the neighbour under this covenant?
A. Because the building scheme exception will apply.
B. Because the doctrine of mutual benefit and burden will apply.
C. Because it is a positive covenant.
D. Because it is a restrictive covenant.
E. Because the neighbour was the original party to the deed.
E - Because the neighbour was the original party to the deed.
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