Ian has come to you for advice as he wants to proceed

Ian has come to you for advice, as he wants to proceed with his extension.
(10 marks)
Because it’s been unregistered it’s likely to be an equitable easement .
Whether this easement has the protection of the law?
S184 a registered proprietor with an interest in a lot takes free of all other unregistered interest unless an
exception applies.
No fraud in this case
No impers onam
Ian will take his interest free from all other registered interest
Can Ian take his interest subject to the easement?
LTA s 185(1)(c)- omitted easement exception to indefeasibility.
LTA S185(3) – only applies to easements that were lodged and never registered
In this case the easement was never lodged, so it cannot be an omitted easement under s 185(1)(c) LTA
Does 198A PLA – easement that has arisen through long term use apply?
User after the commencement of this Act of a way over land shall not of itself be sufficient evidence of an
easement of way or a right of way having been acquired by prescription or by the fiction of a lost grant.
- cannot apply this either. Allowance for stat use to arise, before the imposition/passing of the PLA.

A right of way which arises after the commencement of the PLA 1974, is not sufficient evidence for an
easement.
When does this easement arise?
Does s180 PLA – statutory right of user apply?

2020 Exam
QUESTION PRIORITIES
Beatrice is the registered proprietor of a freehold estate in St Lucia, Queensland . The property has a registered
mortgage over the title in favour of West Bank dated 6 April 2019.
During the day, Beatrice is a junior lawyer at a boutique city firm. In the evenings, to generate extra cash to
support her expensive shoe habit, Beatrice works as a Yoga instructor attending various studios across town.
In October 2019, tired of working at other people’s Yoga studios, Beatrice decides she will ‘go it alone’ and open
her own studio in Brisbane’s West End.
On 15 November 2019, Beatrice approaches her father, Steve, for a loan of $20,000. On the same day, Steve,
being a former solicitor, drafts a short one-page contract which he has signed by Beatrice and witnessed by their
long-term family friend and neighbour, Peggy.