Combining Painting and Sculpture – Real Property Assignment

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Internal Code: MAS6387
Real Property Assignment:

Karen was an artist who specialized in installation works combining painting and sculpture. In the last three years, she had commenced a project whereby she used her own skin to make leather and parchment which she then used in her artwork. Dr. Jamie performed cosmetic
surgery on Karen to remove parts of her skin. Jamie then ‘cured’ the tissue (by chemically processing it) and then gave it back to Karen for her art. She paid for the surgery and curing out of her own pocket. She found her skin to be highly malleable and wonderful to work with as a
medium. She created 3 painted sculptures with the skin. These artworks created a worldwide sensation and established her reputation as an artist. She owned land at Kilcare which was held in the Torrens system of the title. The land was subject to a registered mortgage in the name of a local money lender, Garry. She had designed a house that could also serve as a gallery for her artwork. The western wing of the house was specifically designed to showcase her works of art, in particular, the series of three ‘skin’ artworks. The artworks were fastening into concrete footings with screws. The artworks could be removed without damaging them or the footings. The house also featured a large blank wall. Karen had hoped to create a program to license artists to come and paint on the wall during what Karen referred to as a ‘residency agreement’.Karen asked for applications from local artists to be residents and she settled on Patrick, who was a local urban graffiti artist. They entered into an agreement whereby Patrick could come on to the property during business hours and paint a mural on a wall. The agreement was stated to last for 3 years. The agreement specifically stated that “this agreement is a license and does not give Patrick any proprietary rights over the land.”

Question:

1. Is the three skin artworks property?

2. If the artworks are property, will Penelope come to own the three skin artworks when her contract for purchase is completed?

3. If Penelope becomes the registered owner of the land will she be bound by Patrick’s rights to paint on the wall?

4. Presume that Garry has discovered the missing certificate of title from his office and that Penelope has not yet registered any interest or lodged a caveat. How can Garry prevent the registration of the transfer to Penelope? If the transfer is prevented from being registered will Penelope be subject to Garry’s mortgage and/or Mark’s mortgage?

Uploaded By : celina
Posted on : January 02nd, 2018
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