LPL4805 Assignment 1 Semester 2 2026 - Due 26 August 2026

LPL4805
ASSIGNMENT 1
DUE DATE: 26 AUGUST 2026

, LPL4805 ASSIGNMENT 1 2026
DUE 26 AUGUST 2026




Question 1. Joseph and Peter appeared before you, a notary to execute and
register a servitude agreement. Due to your large volume of work, you
erroneously forgot to register the servitude agreement at the Registrar of Deeds
office.




Question 1
Will the unregistered agreement establish an enforceable servitude agreement?
Explain.


No, the unregistered agreement will not establish an enforceable servitude agreement
as a real right. A mere servitude agreement, even if notarially executed, does not by
itself establish a servitude. The rights created in such an agreement are merely
personal rights (creditor's rights), and only upon registration do they become
enforceable as limited real rights against third parties.


The principle is clearly stated in Willoughby's Consolidated Co Ltd v Copthall Stores Ltd
1918 AD 1, where it was held that a servitude agreement, like a contract of sale for
land, does not itself vest the legal title to the servitude. The beneficiary's right is to claim
performance of the contract, which must be perfected by registration in the deeds
registry.