Australian Guide to Legal Citation Case Study - Law Assignment Help

Assignment Task

This question occurs in 2018 in New South Wales. Pierre was a carpenter who worked in Gosford. Pierre owned his own house at Norah Head which was held under the old system of title. Pierre borrowed $300,000 from his friend Diego and granted Diego security over his property. The agreement was executed as a deed and it stated amongst other things, that Diego had to power to sell the land to recoup his debt. Diego received the title deeds. Diego registered the deed at the Lands Department in the General Register of Deeds.

Pierre’s mother Sinziana rang one day and said that because she was getting old she wanted Pierre to come and live with her at her large acreage at Bateau Bay. This property was held under the Torrens system of title. Sinziana asked Pierre to care for her so she wouldn’t have to go to a nursing home. In exchange for Pierre giving up his job Sinziana promised to leave the property to him in her will.

Pierre moved in and decided that he would do some renovation on the house to make it more suitable for himself. With Sinziana’s permission he added an antique wall panelling into the study so that it would be a nicer place for him to work. The panelling was screwed into the walls of the house. The pieces could be removed easily without damaging them.

Pierre started looking for a tenant for his house in Norah Head. His friend Gustavo was interested in renting the property and one evening at Pierre’s house they sat down and drafted up an agreement to create a lease. The agreement was drafted up on the back of a comic book but it stated that the lease would be for two years with an option to renew for another two years. They agreed to get the contract to a lawyer for final drafting but things moved quickly. Gustavo moved in and Pierre became too busy to send the agreement to a lawyer for finalisation. No further paperwork was completed.

Sinziana had a neighbour called Buster. Buster asked Sinziana if he could let his horse, Oberto, live in Sinziana’s main paddock. Sinziana was happy for this to happen but no formal agreement was entered into. Every Christmas Buster would give Sinziana a large gift of chocolates to thank her for allowing Oberto to stay on her property, expressing the “hope that the same arrangement would continue for the next year”. Buster and Pierre did not like each other very much and Pierre hated horses.

Three weeks after the lease to Gustavo commenced Sinziana died. In her will Sinziana left all her property to the Church of Scientology. Probate had not yet been granted. Pierre has lodged a caveat claiming an interest in the land.

Three days after Sinziana’s death Buster was told to take Oberto off the property by Pierre.

Answer the following questions:

(a) Does Pierre have a property interest in his mother’s house? If so what kind of interest is it and can Pierre defeat the claim by the Church over the land?

(b) Assuming that he does not have an interest in the fee simple of his mother’s land, has Pierre retained any interest in the panelling?

(c) Did Gustavo have a lease of the Norah Head property and, if so, what kind was it?

(d) What interest does Diego have in the Norah Head property? If Pierre failed to pay back the loan to Diego would Diego be able to ask Gustavo to leave and have the property sold?

(e) Can Buster (and Oberto) force Pierre to recognise the ‘rights’ of Oberto to live in the paddock? 

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