Question
Hi! This is a question from a practise workshop question. I provided some background for this question as I thought it might be confusing without
Hi! This is a question from a practise workshop question. I provided some background for this question as I thought it might be confusing without it.
Background:
A lease has not been registered under the provisions of the Land Transfer system but was leased in 1980 for 60 years during which the lessee's interestwas assigned a number of times. The current lessee took assignment of the leasehold interest in 2009.
Issue:
If a clause of the lease states that:
"The lessee will join and maintain membership in the neighbourhood bowling club set up by the lessor"
Question:
Is the current lessee required as lessee under the lease, to be a member of the bowling club?
AND
What difference would it have made if the lease commenced in 2009 (not in 1982) and they assignedthe lessee's interest to the current lesseein 2010? Would it make a difference if the lease was registered under the provisions of the Land Transfer Act 2017?
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