In general, unless Miss Watts has registered her tenancy, she will not have any right to possession since the original freehold owner with whom she had entered into the tenancy agreement has sold the property and his interests in the property have now been transferred to Ian as the new owner of the property. She will now have to make fresh arrangements with Ian, who has the option to continue her tenancy or give her a reasonable period of notice to vacate the property and find alternative accommodation. There is a possibility that she may be able to make a claim under adverse possession of the property by way of her tenancy, as was the case in Pye v Graham*5, because she has been paying her rents and is in possession of a valid tenancy, which has not been revoked by Alfie in any way before the sale, irrespective of rent payment, In reference to the two tenants above, Land Property Act* specifies the modes of conveyance of land and according to Clause 4, the conveyance will be valid only if contrary interest is not expressed.
While Alfie had not been entirely truthful with Ian in revealing the nature of the liens on the land, the blame does not rest entirely with Alfie because Ian also did not bother to find out anything before purchasing the land. Now he is obliged to accept the land with encumbrances because he has already paid the consideration for the property through the money he lent to Alfie and therefore possesses valid title to the property. He must now register the title in his name but would need to indicate Mr.
Mitchell’ s title as well, especially if that gentleman has registered his title. While Ian’ s obligations are flexible with regard to Miss Watts, they are not in the case of Alfie’ s covenant with Mr. Branning. This agreement falls into the class of a restrictive covenant, which Sexton refers to as a “ promise by one landowner in favor of a neighboring landowner” *7, which a purchaser is obliged to honor. Although Ian claims that he does not have any knowledge of the covenant, it is nevertheless an obligation he is obliged to fulfil.
In the event that he wishes to dispute the covenant on the basis that he was not aware of it, then the matter has to be taken to the land office of the urban locality where Albert Court is located so that the dispute can be resolved and Ian will be obliged to honor whatever decision is taken. As far as Kat’ s lien on the property due to the existence of the trust is concerned, much will depend upon whether or not Alfie has taken necessary steps to ensure that trust was executed in her favor through a written instrument in order that it may be valid.
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