PDCV104 Vendor and Purchaser Case Study for Jasper Property of NSW Law Assignment Help

Assignment Task

Task
Jasper is the registered proprietor of a house on a large area of land on the south coast of NSW, located close to a mountain range. He purchased the property about 20 years ago.  The surrounding area including Jasper’s property can be subject to extremely high winds. Jasper has become quite concerned about the climate change crisis the world is facing and wants to do his bit. He thinks his property would be ideal to install a large solar grid and is even large enough to accommodate wind turbines.  He plans to sub-divide the property and to install green energy technology on one of the lots which is at the rear of the property and away from the house. He has made investigations from a few installers of solar and wind turbine technology and the local council. The local council said in a phone conversation with Jasper that the approval for the sub-division would be conditional upon Jasper creating a right of way so the energy authority inspectors could undertake compliance checks since the technology would be located on the lot away from the main road that gives access to the property.  Last year Jasper’s circumstances changed, because of COVID-19 and due his failing health. He needed some additional income. So, he decided to rent out one of the rooms in his house to Ray on an informal basis. He didn’t bother completing any paperwork and allowed Ray to rent the room on a month-to-month basis as he was unsure about the future.Jasper has now decided to sell his property having received he believed conditional approval for the sub-division. However, he hasn’t bothered to register an easement for a right of way believing the new owner can attend to that.  He has instructed his conveyancer, Mia to prepare a sale contract. Mia attended to completion of Verification of Identity and Client Authorisation for e-Conveyancing. However, the Wi-Fi is notoriously problematic in the area so the image of Jasper on screen was very grainy and hard to see. But Mia knows Jasper well so didn’t worry about that. Mia asked if there were any matters she should include in the contract. Jasper decided not to mention that he was renting a room to Ray, since it was informal and there was nothing in writing. Alice has shown a keen interest in buying the whole of Jasper’s land. Alice wants to pursue the green energy opportunities discussed with Jasper and made possible through the sub-division. In due course a transfer is lodged through PEXA recording Alice as the new registered proprietor. However, when Alice approaches the local council in relation to installing the green energy technology, she discovers to her horror that council will not allow this as the previous owner failed to meet a stipulation of the approval process. Alice has also now discovered Ray living in the house and wants him evicted. 

Required
Note - Advise Alice of her rights in relation to the property and to Ray.

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