Julie has just signed a contract to purchase a new home. Before signing the contract, Julie...

 

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Julie has just signed a contract to purchase a new home. Before signing the contract, Julie could see that there was, in the backyard, a small fibreglass fishpond four metres wide. A hole had been dug by the vendor and the fishpond placed in the hole. Julie had assumed that the fishpond would stay after she completed the purchase of the house although there was no term or condition included in the contract to secure this. Following completion, when Julie took possession of the house, she discovered that the fishpond had been removed by the vendors, leaving an unsightly hole in the yard. Julie would like to see the fishpond returned. When Julie looked more closely into the hole left by the fishpond, she could see what appeared to be gold in the bedrock beneath a layer of topsoil. Julie believes she may have struck gold to which she is entitled. Advise Julie of her legal rights under property law with respect to both the fishpond and the gold. Your answer must include references to any relevant legislation and/or cases. Note: Do not consider any remedies under Contract Law Julie has just signed a contract to purchase a new home. Before signing the contract, Julie could see that there was, in the backyard, a small fibreglass fishpond four metres wide. A hole had been dug by the vendor and the fishpond placed in the hole. Julie had assumed that the fishpond would stay after she completed the purchase of the house although there was no term or condition included in the contract to secure this. Following completion, when Julie took possession of the house, she discovered that the fishpond had been removed by the vendors, leaving an unsightly hole in the yard. Julie would like to see the fishpond returned. When Julie looked more closely into the hole left by the fishpond, she could see what appeared to be gold in the bedrock beneath a layer of topsoil. Julie believes she may have struck gold to which she is entitled. Advise Julie of her legal rights under property law with respect to both the fishpond and the gold. Your answer must include references to any relevant legislation and/or cases. Note: Do not consider any remedies under Contract Law

Answer rating: 100% (QA)

Julie does not have any legal right to the fishpond as there was no term or condition in the contract securing its presence on the property However based on the fact that she and her husband were both ... View the full answer