Which statement about negative easements (restrictive covenants) is true?

Prepare for the Themis MBE Real Property Exam. Dive into multiple choice questions with thorough explanations and hints. Maximize your success and feel confident on exam day.

Multiple Choice

Which statement about negative easements (restrictive covenants) is true?

Explanation:
Restrictive covenants must be created in a written instrument signed by the grantor to be enforceable against future owners. This reflects the rule that interests in land, including negative easements, require a signed writing to be binding and recordable, so they can run with the land and bind successors. Without a writing, a promise about land use isn’t enforceable as a deed restriction. A negative easement doesn’t grant a use of someone else’s land; it restricts what the landowner may do. That’s why a statement describing an implied creation or a right to use land for a limited purpose isn’t correct.

Restrictive covenants must be created in a written instrument signed by the grantor to be enforceable against future owners. This reflects the rule that interests in land, including negative easements, require a signed writing to be binding and recordable, so they can run with the land and bind successors. Without a writing, a promise about land use isn’t enforceable as a deed restriction. A negative easement doesn’t grant a use of someone else’s land; it restricts what the landowner may do. That’s why a statement describing an implied creation or a right to use land for a limited purpose isn’t correct.

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