Easement question.docx - Easement question TUTORIAL WEEK 12 EASEMENTS Readings Text Chapter 12 Easements and Profits prendre Tutorial Questions 1 What

Easement question.docx - Easement question TUTORIAL WEEK 12...

  • Macquarie University
  • LAWS 216
  • Test Prep
  • ProfMonkey4400
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Easement question TUTORIAL WEEK 12 - EASEMENTS Readings: Text: Chapter 12; Easements and Profits à prendre Tutorial Questions 1. What are the essential substantive characteristics of an easement?2. What is the meaning of the requirement that the ‘easement must accommodate the dominant tenement’? How is this different to the requirement that the ‘easement must be capable of forming the subject matter of a grant’?3. What will be the effect of registering an easement that does not comply with the substantive requirements? (see Clos Farming v Easton4. What is the possibility of an easement by implication arising under the Torrens system? Consider the omitted easement exception under s 42(1)(a1) Real Property Actand the in personam exception.5. What is a profit à prendre and how does it differ from an easement?Problem Question 1 (from 2014 final examination)22 years ago Anna decided to sell three adjoining blocks of Torrens title land that she owned in the Blue Mountains, New South Wales. Michael, Lois and Jimwho were good friends bought the properties intending to use them as weekenders for themselves and their families. Michael’s property (Lot 1) has direct access to the adjoining main road. Both Lois (lot 3) and Jim (Lot 2), need to use a driveway that runs over Michael’s property in order to reach their own land located at the rear of Michael’s property. At the time Jim purchased his lot,his solicitor told Jim that Anna was willing to create a registered easement over the land that was to be sold to Michael at a price of $10,000. Jim didn’t think this was necessary as he and Michael were friends and he thought that Michael would have no problem with his continued use of the driveway. He did not talk to Michael about this issue but has been using the driveway over Michael’s land, with Michael’s permission, for the last 22 years as he has no other convenient means of accessing the main road. Lois paid the additional $10,000 and was granted an easement by Anna to “pass and repass over Lot 1 in order toreach Lot 3”. This easement has been properly registered on the folios of both Lots 1 and 3. )
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  • '18
  • james
  • Law, Real property law, Rick, Torrens Title

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