Question
Sara recently purchased the registered freehold title of Whiteacre; a large house set in substantial grounds, from Karim. Sara did his own conveyancing after seeing
Sara recently purchased the registered freehold title of Whiteacre; a large house set
in substantial grounds, from Karim. Sara did his own conveyancing after seeing a
virtual tour of Whiteacre. Sara paid the purchase price to Karim. However, the
following has since transpired:
1. When Sara arrived at Whiteacre he discovered Sameer, Karim's friend,
still living there. Sameer refuses to move out. Sameer indigently told
Sara that he had put up half the original purchase price when Karim bought
Whiteacre ten years ago. Sara had actually met Sameer during a video call
before buying Whiteacre and before concluding the purchase. At the time,
Karim had confided in Sara how Sameer 'had become such an infrequent
visitor to Whiteacre now that he and his girlfriend were living together.'
2. Aydaan; a neighbour, has produced a document granting him the following rights:
(i) a four-year lease of the paddock at Whiteacre where Aydaan keeps his pony;
and (ii) a covenant in Aydaan's favour preventing the owner of Whiteacre from
building on the grounds occupied by the paddock;
Advise Sara about which, if any, of the rights being claimed in Whiteacre can be
enforced against him. How would your answer differ if title to Whiteacre and all the
dealings Sara discovered were governed by unregistered land law rules?
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