Property Law Study Material and Solutions - Desklib

Running head: PROPERTY LAW
PROPERTY LAW
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PROPERTY LAW
Answer 11
A chattel is an item which is not fixed to the land and a fixture is in item which is affixed to land
and looks like the part of the land itself. In the given situation as the size of the pool is large it
may be a fixture, however as it is not fixed to the ground and above it, the pool would be taken
as a chattel. In the same way as the fence is also not fixed to the ground it would be taken as a
chattel.
Answer 16
In this situation we can ask the vendor to provide all the documents which are mandated under
the provisions of s 32 to be provided in relation to the statement. The specific sections which
should be applied in the situation would be in s 32I in relation to disclosing title and s 32J in
relation to notice.
Answer 17
There is not enough evidence in the situation to allow them to refuse settlement. This is because
firstly the contract was silent in this point and secondly the parole evidence rule only allows
terms which are written to be a part of the contract once it is documented. Further, the missing
items may be considered as a warranty of the contract and not condition. Therefore breach of
warranties cannot be used to refuse settlement. However a claim for damages may be made.
Answer 18
The first requirement which Keiko has to meet is to have an agreement with the beneficiaries of
the state. These are the people who are going to get the estate after Keiko dies. If there is no

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PROPERTY LAW
agreement between them and Keiko, the transfer is not valid and the estate would pass to the
beneficiaries after Keiko’s death.
Answer 19
The certificate of title would have the restrictive covenant. A written contract is also needed
between Su and Hew with Keiko.
Answer 20
The trustee is allowed to transfer land under the Duties Act without being subjected to duties in
case the transfer is done in relation to the legal beneficiary and the land is acquired after the
creation of trust between the parties. In the present situation a trust was formed before the
acquisition of land. This means that the transfer of land would be duty free under the Act from
the mother to William.
Answer 29
In light of the facts of the case the doctrine of caveat emptor would be applicable. This is
because William knew about the fact that the land was to be used by Rod for a restaurant where a
minimum of 20 car parking space was needed. Further, he also has information that the
municipality would use the space before the settlement takes place.
Answer 32
The application for s 35 of Sale of Land Act ensures the benefit of the purchaser through an
insurance held by the vendor. Under s35(1) the purchaser is provided the legal right through
which he needs to be compensated by the insurer in the same as it would have compensated the