Property Law Assignment: Analysis of Legal Principles - [Course Name]

This assignment solution addresses several aspects of property law, including the classification of fixtures and chattels, such as a swimming pool and surrounding fence, and the legal implications of these classifications. It examines vendor obligations under the Sale of Land Act (SoLA), including the disclosure of information and the consequences of misrepresentation or fraudulent conduct. The assignment also explores purchaser rights, particularly regarding the recovery of deposits and the impact of delayed settlements. It analyzes the validity of contract terms, such as those related to construction costs, and the limitations on legal actions under the Domestic Building Act. The solution also addresses the necessity of disclosing building permits and mortgage information, as well as the key exceptions to the general rules of property transactions, such as the requirement for parties to have sound minds and provide free consent. Finally, the assignment distinguishes between valid and void contracts and discusses the imposition of penalty interest for delayed settlements.

Running head: PROPERTY LAW
Property Law
Name of the Student
Name of the University
Author Note

1PROPERTY LAW
11. The 6x3x1 m pool which is above the ground would be taken as a chattel. It would need
to be considered additionally that the whether the pool is fixed to the ground or not. In case it
is not fixed to the ground only then it would be a chattel and otherwise it would be a fixture.
The surrounding fence would also be a chattel in case the pool is itself a chattel. Even if the
pool is a fixture the fence would be a chattel
18. In situation where Keiko purchases the asset into a fee simple form being a life tenancy,
he needs to have an agreement with all other beneficiaries who would be entitled to get the
benefit from the property when Keiko dies. Without the agreement the purchases cannot be
considered as valid.
30. There are various ways in which the rights of the purchaser may be affected by
acceptance of title via s 27 and 32. In case there has been a careless , negligent or fraudulent
supply of wrong information done by the vender, it would be considered as an offence under
the operation of s 32 and 27 of the SoLA. The purchaser in this case can not only rescind the
contact but also may recover any money which is deposited by him via s 27(8).
38. The answer is D, passes possession to the pledgee with a right to redeem the debt within a
previously agreed upon period of time.
42. The term which asks Harry in this situation to pay 10% of additional construction costs in
case it is more than the building budget would not be a valid term under the operation of s 32
of the SoLA
43. A person does not have the right to being an action under the Domestic Building Act in
the Supreme Court, Magistrates Court, or County Court as via s 57 only the tribunal has the
responsibility of addressing disputes

2PROPERTY LAW
44. In case there is a carport built without a permit the vender does not have any obligation to
disclose. This is because they have to disclose buildings which have a permit within the last
seven years.
55. In case where there is an amount which needs to be paid in relation to the mortgage it is
the duty of the vendor to disclose it under s 32 of SoLA.
54. The two exceptions which are present in relation to the general rule of purchasing and
selling a property are as follows
 The parties must not have an unsound mind at the time the contract is formed
 The consent provided by the parties have to be a free consent which means that is should
not have consent vitiating factors like coercion, misrepresentation and duress.
60. There is a simple distinction between a valid contract and a void contract. A void contract
cannot be enforced in the court legally, where as a valid contract can be enforced.
61. In case a purchaser has delayed settlement the vender is likely to get penalty interest.
However this would not be the case if the inconvenience is caused by the vender. Here no
inconvenience is caused by the vender and thus a interest can be claimed. The legislation is
SoLA