Which issue concerns whether covenants are enforceable and onerous?

• A. Burden of covenants
• B. Alienation
• C. Indemnity covenants
• D. Forfeiture

Answer: (A)

This question tests the burden of covenants. The burden is about whether a covenant actually binds future owners and how onerous the obligation is on the land. For a covenant to be enforceable by successors in title, it must be capable of running with the land and touch and concern the land, subject to proper registration and notice. If it passes this test, the covenant is enforceable and can be a real burden on subsequent owners, which is what makes it an issue of concern.

The other topics refer to related but distinct ideas: alienation deals with transfer of land and whether covenants pass with title; indemnity covenants are separate agreements to compensate or guarantee against potential breach; forfeiture concerns remedies arising from breach, such as loss of rights or termination. These do not directly address whether covenants are enforceable and whether their obligations are burdensome in the same way.