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Part A – Three Short Questions Requiring Only Brief Answers

Complete the following three questions and their sub-questions. Question 1 Phillip decided to make some extra money by investing, developing and reselling properties at a profit in order to help fund his university studies. To cut costs he did his own conveyancing. Phillip has encountered the following problems:

i) Phillip found 56 Gum Tree Place on the internet. A search of the Land Title Register showed that the vendor held an unencumbered fee simple estate. Phillip was too busy that week to inspect the property but went through the computer walk-through and agreed to buy the house in any case. Six days after the transaction was settled and the Transfer of Land registered in his name, he got around to visiting the property. To his surprise, while looking around the front yard a woman drove a car into the driveway of the house, took a small child from the back seat, unpacked shopping from the boot and carried it all inside. She came back out and exclaimed to him “Oh, you must be the new landlord. Can I speak with you about the dodgy wiring?” The woman is a tenant in possession of the property under a written lease for less than 3 years. The lease is unregistered. Must the Phillip take the land subject to the lease? Briefly explain your answer.

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