Alexis and Rita Case Study – Real Property – Law Assignment Help

Assignment Task:

INSTRUCTIONS
 
In Real Property, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. The assignment will constitute 20% of the final mark in this subject.
 
Assignments must be submitted by the due date unless an extension has been granted. Extensions need to be requested by email prior to the assignment due date and specific supporting evidence provided. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day. A pass mark is 50%. Assignments that are received more than ten days after the published due date will not be accepted. Please note that students granted an extension must still submit their assignment within ten days of the original assignment due date.
 
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments.
 
This guide also contains the rules and guidelines regarding the presentation of assignments and instructions on how to submit an assignment and is available from the Guides and Policies section of Canvas.  Please read this guide carefully before completing and submitting this assignment, but also note formatting instructions specific to this subject as follows. 
 
FORMATING INSTRUCTIONS: The assignment must not exceed 4 A4 pages of 1.5-spaced, 12 point font, Times New Roman. Leave a margin on both the left-hand and right-hand side of the page, and at the header and footer, of at least 30mm for comments. References must be provided in footnotes (not endnotes) in the style of the Australian Guide to Legal Citation. Footnotes should be in 10 point font. Failure to follow these instructions may lead to a reduction in marks. Any material beyond the first 4 pages will not be marked and the mark will be based solely on material presented in the first 4 pages of the submission.

COMPULSORY ASSIGNMENT 

Alexis was the owner of 2 hectares of old system land at Maitland Bay on the Central Coast of New South Wales. She had bought the property off Lawrence and the conveyance had been recorded in a deed which had been registered in the Deeds Registration System.
 
Five years after the purchase, Alexis agreed with her neighbour, Brett, that he could come onto the property and remove 20 tonnes of sandstone per year from a small quarry on the property. Brett paid Alexis $4000 for the agreement which was recorded in writing but which was never formalized into a deed. The agreement was not registered.

As Alexis got older she decided she wanted to live in a smaller place so she bought a new unit at Kilcare and moved out. She leased the property at Maitland Bay to Rita. The lease agreement was for two years, with an option to renew for a further year. This lease was oral.

To finance the purchase of the unit at Kilcare, Alexis borrowed money from Robin. Robin provided the money on the basis that he would be given an interest in the land at Maitland Bay so if Alexis was unable to pay the debt he could sell the property to realize his debt, or, should Alexis die, she would leave the Maitland Bay land to him in her will. The agreement was not put into writing but Alexis gave Robin her certificate of title.

Alexis had trouble with paying the loan back to Robin so she decided to sell the Maitland Bay land. She entered into a contract with Andrew, who was living in Norfolk Island at the time and unable to inspect the land. He decided not to bother to get an agent to inspect for him. At settlement Andrew received a deed of conveyance. The deed noted that the fee simple was transferred “subject to all existing profits a prendre”. The deed was then registered by Andrew’s licensed conveyancer.

Later Andrew travelled from Norfolk Island and arrived at Maitland Bay.  He found that the property was being occupied by Rita. He was also surprised to see that Brett was digging out some sandstone. Things got worse when he received a letter from Robin who claimed to have a mortgage over the land. Alexis had disappeared.

• Does Andrew have to allow Brett access to his land to remove sandstone?  
• Is Andrew subject to Rita’s lease? 
• Is Andrew subject to Robin’s agreement? 
• If we change the facts and assume that the land is held in the Torrens system, how does your answer to (a), (b) and (c) change?