QUESTION 1 Rodney, a landscaper and gardener,


QUESTION 1

Rodney, a plantscaper and oasiser, owned 3 acres of plant nigh Taree.  In 1992 he subdivided his plant into 1 capacious fate (1 acre) surrounded by twenty feeble fates.   Rodney sancient the feeble fates to donationrs who each built houses on them with feeble yards.

He restrained the capaciousr fate which he has bitter into a charming oasis with walkways and a mediate pond and lawns, oasis beds and ornamental trees extreme the pond. 

When Rodney subdivided the plant in 1992 he granted a just to each of the feeble fate donationrs allowing them right of the oasis and requiring them to subscribe to the subsistence costs control the oasis.

Melanie donationd single of the feeble fates in 1992.  She has now consulted you becaright Rodney, who has consecrated up plantscaping and oasising, has sancient the capacious fate to a developer.   Melanie is very watchful that the developer may endeavor to bung her and the other feeble fate owners from using the oasis as she has heard the developer plans redevelop the oasis control housing.

Melanie and the other owners lack to restrain the right of the oasis. 

Advise Melanie whether there is any method they can do this.  Support your education with apt warrant.

QUESTION 2

You influence control Stephen on the donation of an ancient warehoright in Parramatta.  Stephen thinks he has got a sublime negotiation and is conscious to calm.  The contrinfluence is the 2018 edition.  Height is imputable beneath the contrinfluence on 25 September which is 6 weeks subjoined diversify.

The appellation inquiry in the Contrinfluence shows a Caveat registered on the appellation.  When you bestow requisitions to the vendor’s conveyancer, Michael, you grasp the subjoined requisition:

“32.  Caveat W9988223 must be removed from the appellation and averment shown of its removal at smallest 3 days anteriorly height.”

On 22 September you entertain by fax from Michael replies to your requisitions.  The defense to requisition 32 states “The vendor relies on the curtail”.

On 24 September you fax to Michael a beg control a suited answer to requisition 32.  Later that day you entertain from Michael mark beneath Claright 8 of the Contrinfluence requiring the donationr to relinquish requisition 32.  You transcribe to Michael insisting on a suited answer to the requisition.  On 12 October you entertain from Michael a Mark of Rescission imputable to the donationr’s want to relinquish the requisition.

What education would you now furnish to Stephen?  Support your education with apt subject warrant.

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