Question
Henry is the registered proprietor of an estate in fee simple in Scone (the property). The land consists of an old four bedroom house and
Henry is the registered proprietor of an estate in fee simple in Scone ("the property"). The land consists of an old four bedroom house and a stable. There is a registered easement on the title in favour of the adjoining owner, Mavis, which gives her access to the back portion of the property. Henry is a horse trainer who holds the land on trust for himself and his two business partners. The property was purchased some time ago with a view to start up a business providing horse riding lessons and scenic tours. Unfortunately, there has been a recent falling out between Henry and his partners over the lack of use of the land. Henry decides to lease out the premises to Toby. He does not tell his business partners. Henry leases the property to Toby for a period of two and half years with no option to renew. The lease is not registered. Toby is delayed in taking possession. Henry then decides to sell the property to Barry for $700,000. Barry inspects the property prior to exchange of contracts and finds it vacant. After exchange of contracts, but prior to settlement, Barry meets one of Henry's business partners at the local watering hole. Over a couple of drinks, the partner tells Barry that the partners are thinking of dissolving their partnership with Henry and intend to move onto the property and set up the adventure business. The next day, Barry instructs his solicitors to move the settlement forward. Settlement takes place and the transfer is registered. Barry is now the registered proprietor of the property. After settlement, Barry discovers that Toby is on the property and has moved in. Toby shows Barry the lease and insists on staying for the full two and a half years. Barry now comes to you for advice. 1. He intends to erect a fence across the easement to prevent Mavis from traversing his property - is he entitled to do ? 2. He wants Toby to vacate the premises. Can he evict Toby? 3. Can the partners claim rectification of the register or argue successfully that Barry holds the property as trustee for them on the basis that he was fraudulent in settling the purchase having had notice of their interest in the land?
please answer it by 4 steps:
A. Key legal Issues and Facts
B. Principles and Authorities
C. Application
D. Conclusions, Remedies and Advice
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