Property Law Scenarios and Analysis

This assignment delves into various property law scenarios requiring analysis and application of relevant legislation. It explores topics such as easements, mortgage agreements, leasehold covenants, and the Unit Titles Act 2010. Students must demonstrate their understanding of legal principles and their ability to provide sound advice based on the presented situations.

LAND LAW

TABLE OF CONTENTS
QUESTION 1.............................................................................................................................1
a) Advise Tracey as to whether there is any action she can take against Len........................1
Case issue...............................................................................................................................1
Legislations.............................................................................................................................1
Application.............................................................................................................................1
b) Advise Ruth as to whether she can take action against Tracey for the damage.................1
Case issue...............................................................................................................................1
Law.........................................................................................................................................1
Application.............................................................................................................................1
c) What steps must Len take to cancel Tony’s lease and what will Steve’s position be If
Len does so?...........................................................................................................................2
d) Is Vito guilty to fraud through the actions of Larry so as to prevent Vito from selling
Betty’s house?........................................................................................................................2
QUESTION 2.............................................................................................................................2
a) Can Ned prevent the guests to the hotel from driving across his land on the basis that the
nature of the property has changed significantly since 1898?................................................2
b) Can MEE pay for the carpets, curtains, painting and furniture using the money paid by
guests who stayed in the hotel?..............................................................................................2
c) Morgan refuses to pay the $70000 saying that the sale was not conducted properly and
Manfred bought the hotel at too low a price...........................................................................2
d) If Manfred has arranged for the sale to be conducted by the Registrar of the High court
and what would have been the purpose of nominating the Discharge sum?..........................3
QUESTION 3.............................................................................................................................3
a) Under land Transfer Act 1952, explain the registration of an absolute title, does the
registered proprietor take title free from all unregistered interests........................................3
b) Is Bob correct about the nature of the covenant.................................................................3
c) Who may enforce the covenant?........................................................................................3
QUESTION 4.............................................................................................................................3
a) What caveat able interest does Claire has over the apartment...........................................3
b) Explain the process to be undertaken when peter applies to have the caveat removed.....3
c) Discuss about the effects of Unit Titles act 2010 related to the cost of repairs.................4
d) Advise Norm and Vera.......................................................................................................4

QUESTION 1
a) Advise Tracey as to whether there is any action she can take against Len
Case issue
Tracey one of the tenant of Len‘s two storey commercial building where she takes the
suite at fist floor for mindfulness centre. Mediation is on of the activities conducted at the
centre which demands quite atmosphere. Tracey complain with Len regarding the noise
created by a band at the ground floor but there is no such covenant mention in the lease
agreement about restricting Len’s activities.
Legislations
Implied terms of the lease agreement known as covenants in which tenant or landlord
will added certain terms and conditions at the time of framing a lease agreement. The
covenants should be in writing as per property act 1952 and Property law act 2007. Section
221, is related with the usual covenants in which tenant will follow all these covenants.
Application
Tracey is wrong in the current case as per covenant of the lease there is no
intervention has allowed that affects the activities of Len. Covenants of the lease agreement
decide the whole activity.
b) Advise Ruth as to whether she can take action against Tracey for the damage
Case issue
Due to paranormal activity incurred in the house of Len, windows and doors got
broken as according to covenant of the lease any damages caused to the property is to be
borne by the tenant. In this case, Tracey assign sub tenant Amy and Len sold the same to
Ruth as fee simple determinable.
Law
This is related with Fee simple determinable in which Len sold the property to Ruth
on subsequent condition according to which they can exercise right of entry. According to
this right, Ruth can take possession of the house or can visit any other’s property.
Application
As per fee simple determinable legislation, sub lease Amy and tracery has no right
over the property. So, the damage incurred to the property borne by Ruth as the owner of the
place.
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c) What steps must Len take to cancel Tony’s lease and what will Steve’s position be If Len
does so?
Lease has cancelled as according to section, 15 days arrears rent payable by lessee, a
lesser can cancel the lease. But in the current case, Tony has three month rent in arrears.
 Apply to the court for filing application in taking the possession of the land for the
purpose of farming.
 Re- enter the land peacefully without distorting tony
Defence rights of Sub lessee Steve
They can get relief as per Section 253-260 of the property law act, 2007.
d) Is Vito guilty to fraud through the actions of Larry so as to prevent Vito from selling
Betty’s house?
In this case Larry, Mis-communicates the Berry about the risk incurred in the
mortgage agreement but this does not save her from the sale of the property held as a
mortgage security.
QUESTION 2
a) Can Ned prevent the guests to the hotel from driving across his land on the basis that the
nature of the property has changed significantly since 1898?
No, NED cannot stop guests to cross his land as per nature of land act 1898; owners
and occupiers can enter the property to pass the place without any interruption from the
owner.
b) Can MEE pay for the carpets, curtains, painting and furniture using the money paid by
guests who stayed in the hotel?
After giving notice as per 119 of the property act law 2007, cost of curtains, painting
and furniture can be borne by utilizing the revenue income generated from price of hotel
room paid by the guests.
c) Morgan refuses to pay the $70000 saying that the sale was not conducted properly and
Manfred bought the hotel at too low a price.
In this case, Morgan is liable to pay the outstanding amount of $70000 by giving
$50000 from the proceeds of the sale of hotel and rests $20000 can be paid later. Morgan
can’t refuse to pay the whole amount as he is liable under the property law act.
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d) If Manfred has arranged for the sale to be conducted by the Registrar of the High court and
what would have been the purpose of nominating the Discharge sum?
Taking approval of the higher authority to sale the mortgage property to compensate
the mortgage amount of the mortgagor.
QUESTION 3
a) Under land Transfer Act 1952, explain the registration of an absolute title, does the
registered proprietor take title free from all unregistered interests
As per section 145, any person can registered itself under this act to get the property
title on its name. Caveat play an integral role in providing absolute title to an individual
related to the properties held by a person. Process of registering the title has mentioned under
section 143 to complete the overall proceedings of the act. Registered user is a beneficiary
user in taking the title of the land or property under the land transfer act 1952 against all the
unregistered users.
b) Is Bob correct about the nature of the covenant
Covenant play a significant role in a leasing agreement that helps in directing the
entire lease agreement. In the current case, covenant suggests that boats, caravans or motor
homes are forbidden as according to the covenants of the leasing agreements. Home of bob
comes under the covenant rules and does not consider the same a leasing asset of an
individual.
c) Who may enforce the covenant?
Landlord may enforce covenant by adding all the provisions according to their
preference.
QUESTION 4
a) What caveat able interest does Claire has over the apartment
Caveat of the Claire have right to take possession of the apartment as if the Paul sale
the apartment, he requires the permission of the caveat for the sale purpose.
b) Explain the process to be undertaken when peter applies to have the caveat removed
Application to high court filed by the peter to removed the caveat by showing
authentic papers of the mortgage.
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c) Discuss about the effects of Unit Titles act 2010 related to the cost of repairs
In the case of Mt Albert BC v Johnson, the owner of the property held liable for the
cost of repairs made in the property instead of the tenant.
d) Advise Norm and Vera
Joint tenancy of Norm, Vera and Stan is based on no right of survivorship in which
tenants can decide the share of the property. In the current case, Vera and Stan will share the
property after the death of Stan and not her girlfriend.
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