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6. Axle recently purchased the registered freehold title of Greenacre; a large house set in substantial grounds, from Jeffrey. Axle did his own conveyancing after
6. Axle recently purchased the registered freehold title of Greenacre; a large house set in substantial grounds, from Jeffrey. Axle did his own conveyancing after seeing a virtual tour of Greenacre. Axle paid the purchase price to Jeffrey. However, the following has since transpired:
- When Axle arrived at Greenacre he discovered Saddlewick, Jeffrey's friend, still living there. Saddlewick refuses to move out. Saddlewick indigently told Axle that he had put up half the original purchase price when Jeffrey bought Greenacre ten years ago. Axle had actually met Saddlewick during a video call before buying Greenacre and before concluding the purchase. At the time, Jeffrey had confided in Axle how Saddlewick 'had become such an infrequent visitor to Greenacre now that he and his girlfriend were living together.'
- Henry; a neighbour, has produced a document granting him the following rights: (i) a four-year lease of the paddock at Greenacre where Henry keeps his pony; and (ii) a covenant in Henry's favour preventing the owner of Greenacre from building on the grounds occupied by the paddock; - restrictive cov
Advise Axle about which, if any, of the rights being claimed in Greenacre can be enforced against him. How would your answer differ if title to Greenacre and all the dealings Axle discovered were governed by unregistered land law rules?
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