Which covenant type imposes an obligation to perform an act or spend money?

Which covenant type imposes an obligation to perform an act or spend money?

• A. Restrictive covenant
• B. Positive covenant
• C. Deed of surrender
• D. Lease covenant

Answer: (B)

Covenants in land law fall into two main kinds by the obligation they create: positive covenants require doing something or spending money, while restrictive covenants limit what you may do. The obligation to perform an act or pay money is a positive covenant. Examples include a duty to repair a fence or to contribute towards shared maintenance, or to pay annual charges that relate to the land. This contrasts with restrictive covenants, which tell the owner what they must not do, such as not building beyond a height limit or not using the land for a particular purpose. A deed of surrender ends the lease, rather than creating ongoing duties. A lease covenant can be positive or negative, but the specific type that imposes an obligation to perform an act or spend money is the positive covenant.

Covenants in land law fall into two main kinds by the obligation they create: positive covenants require doing something or spending money, while restrictive covenants limit what you may do. The obligation to perform an act or pay money is a positive covenant. Examples include a duty to repair a fence or to contribute towards shared maintenance, or to pay annual charges that relate to the land. This contrasts with restrictive covenants, which tell the owner what they must not do, such as not building beyond a height limit or not using the land for a particular purpose. A deed of surrender ends the lease, rather than creating ongoing duties. A lease covenant can be positive or negative, but the specific type that imposes an obligation to perform an act or spend money is the positive covenant.