Actual Notice Beats Deed Omission
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
15010 · REAL_PROPERTY · Choice Bthe man is bound by the covenant because of the doctrine of negative reciprocal covenants.
Why it's attractive
B names a real nearby doctrine, but the stem is not a common-scheme subdivision or omitted-uniform-restriction case.
Why it's wrong
B names a real nearby doctrine, but the stem is not a common-scheme subdivision or omitted-uniform-restriction case.
15010 · REAL_PROPERTY · Choice Cbusiness-related restrictive covenants are favored in the law.
Why it's attractive
C does not give an element-based reason. It says the law favors this kind of covenant, which is not the servitude rule.
Why it's wrong
C does not give an element-based reason. It says the law favors this kind of covenant, which is not the servitude rule.
15010 · REAL_PROPERTY · Choice Dthe man has constructive notice of the possibility of the covenant resulting from circumstances.
Why it's attractive
D uses a weaker and different notice story: constructive notice of a possible covenant from circumstances. The stem gives actual knowledge of the covenant.
Why it's wrong
D uses a weaker and different notice story: constructive notice of a possible covenant from circumstances. The stem gives actual knowledge of the covenant.
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