Solicitors Qualifying Examination (SQE) 2025 – 400 Free Practice Questions to Pass the Exam

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Which of the following describes the burden in a covenant agreement?

The covenantor's claim to property.

The responsibilities of the covenantor.

In the context of a covenant agreement, the burden refers to the obligations imposed on the covenantor, the party who makes the covenant. Specifically, these responsibilities may include adhering to certain restrictions or performing particular tasks as stipulated in the agreement. This may involve maintaining property, not using it in a particular way, or other responsibilities that have been negotiated between the parties.

The covenantor has a duty to fulfill the commitments outlined in the covenant, which can create binding effects on their actions. This burden contrasts with the benefits that the covenantee, the party receiving the benefit of the covenant, might enjoy from the arrangement. Therefore, understanding that the burden lies with the covenantor focuses on the duties and responsibilities established in the covenant, making it clear why this answer is correct.

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The benefits that accrue to the covenantee.

The permissions granted to both parties.

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