1. Elliot is the sole registered proprietor of an estate in fee simple in Tamworth ("the property"). The land consists of an old three bedroom farm house. There is a registered easement on the title in favour of the adjoining owner, Harriet, which gives her access to the back portion of Elliot's property as a short cut to her house from the main road. Elliot holds the land on trust for himself and his business partner, Doug. The property was purchased as a partnership asset some time ago with a view to start up a business providing farm tours for kids. Unfortunately, there has been a recent falling out between Elliot and Doug over the business model. As the property has been vacant since the purchase in 2020, Elliot decides to lease out the premises to Bill. Elliot does not tell Doug about this arrangement. Elliot leases the property to Bill for a period of two and half years with no option to renew. The lease is not registered. Bill is delayed in taking possession as he lives interstate. Elliot then decides to sell the property to Gene for $500,000. Gene is keen to buy the property as an investment. Gene inspects the property prior to exchange of contracts and finds it vacant. After exchange of contracts, but prior to settlement, Gene strikes up a conversation with another patron at the local watering hole, who so happens to be Doug. Over a couple of drinks, Doug tells Gene about his business partnership with Elliot and says he intends to move onto the property in the future to set up the petting zoo for kids. Gene reveals to Doug that he exchanged on this very same property and that the purchase will settle in two weeks' time. Doug is shocked that Elliot sold the property behind his back. Gene says to Doug "Don't worry, when I become the owner, I promise you can run your own business as you've always intended." Doug feels somewhat relieved, but intends to confront Elliot about the sale. The very next morning, Gene instructs his solicitor to move the settlement forward by one week. Gene undertakes a final inspection of the property, settlement takes place and the transfer is registered. Gene is now the registered proprietor of the property. One month after settlement, Gene discovers that Bill is on the property and has just moved in. Bill shows Gene the lease and insists on staying for the full two and a half years. Gene wants Bill to leave. In fact, Gene has now decided that he wants to run his own business on the property and does not want Doug on the premises either. Gene now comes to you for some advice on the following: 1. Gene intends to erect a fence across the easement to prevent Harriet from traversing his property - is he entitled to do ? 2. Gene wants Bill to vacate the premises. Can Gene evict Bill? 3. Can Doug insist on takingpossession of the property as promised to him by Gene? Statute Real Property Act 1900(NSW) s 12, ss 42(1)(a)-(d), s 43, s 56C. Rules Conveyancing Rules, Section 12E Real Property Act 1900(Links to an external site.), Version 5, effective 1 July 2019 Cases Fraud Stuart v Kingston(1923) 32 CLR 309. Loke Yew v Port Swettenham[1913] AC 491. *Breskvar v Wall(1971) 126 CLR 376. Schultz v Corwill Properties(1969) 90 WN 529. Assets Co v Mere Roihi[1905] AC 176.Assets Co v Mere Roihi Download Assets Co v Mere Roihi Davis v Williams[2003] NSWCA 371. *Bahr v Nicolay (No 2)(1988) 164 CLR 604. *Cassegrain v Gerard Cassegrain & Co Pty Ltd[2015] HCA 2. Bursill Enterprises v BergerBros (1971) 124 CLR 73. Waimiha Sawmilling Co v Waioine Timber Co[1923] NZLR 1137.Waimiha Sawmilling CompanyDownload Waimiha Sawmilling Company Grgic v ANZ Banking Group Ltd(1994) 33 NSWLR 202. In Personam *Bahr v Nicolay (No 2)(1988) 164 CLR 604. Mercantile v Gosper(1991) 25 NSWLR 32. Vassos v State Bank of South Australia[1993] 2 VR 316. Overriding Statutes Hillpalm Pty Ltd v Heaven's Door Pty Ltd(2004) 220 CLR 472. Registrar's Power of Correction James v Registrar-General(1967) 69 SR (NSW) 361. Castle Constructions Pty LtdvSahab Holdings(2013) 247 CLR 149.