LPL4805 Assignment 1 2026 | Due 26 August 2026 - Distinction Guaranteed

LPL4805 ASSIGNMENT 1 2026
DUE 26 AUGUST 2026




Question 1: Unregistered Servitude Agreement
Question: 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. Will the unregistered agreement establish an enforceable servitude
agreement? Explain.




No, the unregistered agreement will not establish an enforceable servitude (real right). It
will only create a valid personal right (creditor's right) between Joseph and Peter.


 Registration is a Prerequisite for a Servitude: A servitude is a limited real right (ius in
re aliena) over another person's property. For it to be established as a real right that is
enforceable against the whole world, it must be registered in the Deeds Registry.


 Notarial Execution Alone is Insufficient: A mere notarial agreement does not create a
servitude. The court in Willoughby's Consolidated Co Ltd v Copthall Stores Ltd
established that such an agreement does not vest the legal title to the servitude in the
beneficiary. The beneficiary only has a right to claim performance (registration) from
the other party.