Question
Australian Property Law Question Jayson is the registered owner of a lot of land which is fully covered with old growth forest. Fred negotiated with
Australian Property Law Question
Jayson is the registered owner of a lot of land which is fully covered with old growth forest. Fred negotiated with Jayson to have exclusive access to the land for a period of 4 years to fell as many as the trees as possible for timber. The agreement is written but is not registered. Two days later Jayson negotiated with the local conservation group a four year lease. The objectives of the group are to preserve the trees. The lease has been registered. Jayson did not alert the group to his agreement with Fred. The conservation group has arrived on site to lock the gates only to find Fred's felling and timber cutting equipment on site. Fred has come to see you for advice.
In your advice to Fred you will need to address the issues of whether Fred has an interest in land, whether it is enforceable and whether it has priority over the interest of the conservation group.
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