LAW 1506 Lecture Notes - Lecture 9: Fee Simple, Consideration, Equitable Interest
23 May 2018
School
Department
Course
Professor
Steps to answering a PQ
1. What estates or interests are being claimed by the parties? – deal with it
chronologically (from earliest dealing)
a. Tom is beneficiary under J’s will for fee simple in her house- Equitable
interest on basis of fraud
b. J had fee simple. Converted into a JT with Mortlock. Didn’t provide valuable
consideration.
i. J died- Mortlock possibly has right of survivorship. But JT not valid.
c. Mortlock- legal fee simple
d. Moria had legal fee simple (registered)
e. Kent has equitable fee simple in the house- brought it from Mo- but has not
settled
i. Tanwar- equitable interest in land before c* is completed. Interest isn’t
held on trust.
f. Spike has equitable easement for support (unregistered)
i. Granted from J when she had registered fee simple in 2001
ii. Analyse- does this meet substantive criteria for equitable easement? Or
is it a personal licence?
2. Establish interests
3. Determine priorities
a. If….
b. If….
c. Conclude….
4. conclude
Practice attempts
Advise to Tom re rights against Moria; Kent; Spike;
Mortlock has legal fee simple.
1. Does an exception to his indefeasibility of title apply that would benefit T
a. Fraud = exception to indefeasibility.
i. S 69(a) RPA
ii. Conduct occurred before rego- dealing with actual fraud. Designed
cheating.
b. Does Mortlock fir in the proviso?- s 72
i. Registered?
ii. Bona fide?- NO. engaged in fraud
iii. Valuable consideration? – NO. ‘love and affection’
c. Not only does he not fir in proviso. But he engaged in fraud. Not indefeasible
title, defendable against the world. It is subject to challenge.
2. JT with J. J died. Does right of survivorship apply?
a. NO- engaged in fraud
b. If he had interest, upon Js death, he would be solely entitled to land
3. Tom’s interest (although it is a prior equity) is enforceable against Mortlock due to
the fraud.
4. Potential remedies- claim $200k OR unwind transactions to get property back to him
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