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Week 6 Tutorial Questions
Foundations of Property Law (LAWS12065)
Central Queensland University
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Week 6 Tutorial
Question 1
Fraser is the registered owner of a lot. He grants Georgia a 2 year written lease, with an option to renew for a further 2 years. One year later, he sells the lot to Poppy who becomes registered owner. Consider whether Poppy is bound by Georgia’s option to renew in each of the following alternative scenarios:
the lease is registered before Poppy becomes the registered owner of the lot.
the lease is unregistered and Poppy knows about the option clause when she purchases the lot.
The lease is unregistered and Poppy covenants with Fraser to take subject to it.
Answer:
- The lease is registered before poppy becomes the registered owner of the lot
- The lease is unregistered and poppy knows about the option clause
- The lease is unregistered and poppy covenants with Fraser to take subject to it
Is poppy bound? No because of freedman v barratt, even though she has notice 185 2 (a) notice doesn’t make a difference. 185 1 (b) is short leases exception, 185 1 (2) is about fee simple, doesn’t go beyond 3 years. 185 2 (a) is about notice, actual or constructive notice and whether it is actual or constructive, doesn’t matter as its covered under 184 2 (a). talk about indefeasibility and whether they are bound ect. The definition of a short lease is 3 years and under. 184 (1) is indefeasibility, exception to indefeasibility is 185 1 (b).
Question 2
Fran has recently purchased from Eric Lot 45, a registered a lot in Warana, which she intends to subdivide and develop as multiple residential lots. Fran’s solicitor has discovered the following problems with the title, after Fran has become registered owner.
The easement problem
Fifty years ago a previous registered owner of Lot 45 granted an easement for the passage of water supply pipes under Lot 45 for the benefit of Lot 50, which abuts Lot 45 on its northern side. The easement was in the appropriate form and was lodged for registration. However the Registry recorded the easement only on the title to Lot 50. The easement was never recorded on the title to Lot 45. Fran is very concerned to learn about the easement because she plans to build a swimming pool on the site.
The lease problem
At the time Fran bought Lot 45, Eric told her that six months earlier he had granted Gina an unregistered written lease for a term of one year to store her belongings in a lock-up garage on the land. Fran did not read the lease document and did not realise that it contains a covenant granting Gina an option to renew the lease for two further one-year terms. Gina has recently given notice to Fran that she wishes to exercise the first option. Fran does not want to renew the lease because she plans to demolish the shed in order to redevelop the site. The boundary problem
Fran recently agreed with her neighbour Jarvis, the owner of the adjacent Lot 47, to build a new fence to replace the current fence that divides the two lots. Their fencing contractor has discovered that the current fence is not correctly placed on the survey boundary shown in the registered plan of survey. As a result, a strip of land half a metre wide, which the registered plan of survey shows as forming part of Lot 47, has been wrongly enclosed with Lot 45 by the current fence. It appears this inclusion occurred due to a mutual error by the owners of both lots when the current fence was built 30 years ago. For the past 30 years, Fran and her predecessors have continuously used the strip as part of Lot 45’s herb garden. Jarvis now wants to recover the strip of land and to align the new fence on the survey boundary. Fran does not wish to give up the strip, as this would impede her plans to redevelop Lot 45.
Advise Fran
a) Is the easement enforceable against Fran as the registered owner of Lot 45?
The question is asking if the easement is enforceable against fran, it is enforceable as going through admitted and misdescribed easements in 185 1 (c) and 185 (3). 185 1 (c) is exceptions, indefeasibility. Frans lot is the servient tenement, its carrying the burden of the water pipe, lot 50 is the dominant. Briefly run through the reellonbourough facts and establish if its an easement. The registar can in terms of the error with the authority of j holdings, you would see 15 3 (a) james v registar general, they can correct the register. The easement is enforceable.
Week 6 Tutorial Questions
Course: Foundations of Property Law (LAWS12065)
University: Central Queensland University
