Question
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
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.What are Mike's and Harvey's rights in this situation?
2. Would your answer be different if Harvey's easement had been registered, before the sale to Mike?
3.Use ILAC ( Issue, law, Application , and Conclusion ) method to answer the questions . under the Law, briefly explain how the Torrens system works and how indefeasibility of title.
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