Acquisition & priority of third party rights Q&A

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Generally, a right which does not amount to an interest in land can only be enforced between the original parties. An interest in land, however, is capable of binding a purchaser, subject to the appropriate rules of priority. In this lecture, by reference to the question below, Gianni Vuolo demonstrates how to approach and construct answers problems on this Property Law topic.

“You are interested in buying a house and the large plot of land it is on from the registered owner Alreem but discover the following events have occurred on the land.

  1. In April 2007 Alreem entered into an agreement with her neighbour, Ben not to use her land for industrial purposes.
  2. In March 2009 Alreem executed a deed granting Ben a right of way over her land so he could reach the road.
  3. Two months ago Alreem entered into a written contract with Ben to sell her land to him when she decided to sell.
  4. When Alreem moved into the house her friend Naz paid the deposit and stays with Alreem when she is working in the area. There is a room where Naz always keeps her belongings set aside for her.

Would you be bound by any interests? How would your answer differ if the land was unregistered?”

This lecture presentation was recorded live in Jun 2020 at a QED Law webinar 

Lecturer: Gianni Vuolo

Duration: 52 minutes (approx)

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