Mr. Bucks owned a 10-hectare property in Langley. He subdivided the land into two 5-hectare lots. He decided to keep lot A for himself and to sell lot B. His friend and neighbour, Ms. Goode, wanted lot B, so they made the following deal: For lot B, Goode would give Bucks $100 000, her car, a right of way of three metres along the east side of lot B to provide access to the highway, her promise not to remove any of the cedar trees (a row of which benefits lot A by blocking the view of a factory), and her promise to plant a 5-metre-long laurel hedge to block Bucks's view of her driveway. All promises were registered. Which one of the following is true?
◦ If Ms. Goode sells lot B to Mr. Ho, Mr. Ho could cut down the cedar trees because the promise was part of the contract between Mr. Bucks and Ms. Goode to which Mr. Ho was not privy, and which therefore does not affect him.
◦ Ms. Goode would have to comply with all terms of this contract except for the part about the laurel hedge, because that is a positive covenant.
◦ If the right of way is properly registered in the land title office, it would bind subsequent purchasers of either lot A or lot B even though they were not privy to the original contract.
◦ With regard to the right of way, lot B is the dominant tenement and lot A is the servient tenement.
◦ This kind of deal for land is not possible because it is too complicated.
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Plot of land (Part b)
Plot of Land (Modified Offset Method)