A property owner wants to create an easement over their land for a neighbor's driveway access. What is required for this easement to be legally binding on future owners?
Correct Answer
B) Registration on the certificate of title
For an easement to bind future owners and be legally enforceable, it must be registered on the certificate of title of both the dominant and servient tenements. This ensures the easement 'runs with the land' and is discoverable by future purchasers.
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A property owner discovers their neighbour has built a fence 50cm onto their land. Under the Torrens system, what is the most likely outcome if the encroachment has existed for 8 years?
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A purchaser buys property from someone who fraudulently posed as the registered owner, and the purchaser had no knowledge of the fraud. Under the Torrens system principle of indefeasibility, what is the most likely outcome?