Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

case senario : Mike owns a house next door to Mark. Mark wants to sell his house. Mike wants to buy it. Harvey has an

case senario :

Mike owns a house next door to Mark. Mark wants to sell his house. Mike wants to buy it. Harvey has an unregistered easement over a small strip of Mark's land. Mark does not want Harvey to lose his rights under the easement but won't let it be registered as he fears the value of his land will be diminished if it has a registered easement on the title. Mike knows all this and promises to "look after Harvey" if he buys. Mark says 'fine' and sells the house to Mike. The transfer of the land is registered but when Harvey continues to use his unregistered easement Mike tells him he is trespassing and must not come on to his (Mike's) land again. Harvey is confused as Mark told him 'everything would be okay'.

Questions :

  1. Use ILAC( Issue, law, Application , and Conclusion ) methodto answer the questions . under the Law,briefly explain how the Torrens system works and how indefeasibility of title.

2. Would your answer be different if Harvey's easement had been registered, before the sale to Mike?

  1. What are Mike's and Harvey's rights in this situation?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Sports Law

Authors: Mark James

3rd Edition

113755925X, 978-1137559258

More Books

Students also viewed these Law questions

Question

Self-confidence

Answered: 1 week ago

Question

The number of people commenting on the statement

Answered: 1 week ago