Ginny has a registered servitude over Nkwe. Gary, the owner of Nkwe, wants to sell the property. Can Gary sell Nkwe, and what effect will the sale have on Ginny's servitude?

Step 1: Identify Ginny's legal position. Ginny holds a registered servitude over Nkwe. This registration elevates her right to a real right, meaning it is enforceable against the property itself and not just against Gary personally. Step 2: Determine if Gary can sell Nkwe. Gary can sell Nkwe, as ownership of the servient tenement (Nkwe) is transferable. Step 3: Explain the effect of the sale on Ginny's right. Due to the nature of Ginny's right as a registered real right, it "runs with the land." This means it is enforceable erga omnes (against the world) and binds any subsequent owner of Nkwe. Therefore, while Gary can sell Nkwe, the sale will be subject to Ginny's existing servitude. The new owner will acquire Nkwe burdened by Ginny's right, and Gary cannot sell Nkwe free of this encumbrance. Ginny holds a registered servitude over Nkwe, which is a real right. Real rights are enforceable against anyone and are attached to the property itself, not just the current owner. Therefore, Gary can sell Nkwe. However, the sale will be subject to Ginny's servitude. The new owner will acquire Nkwe burdened by Ginny's existing real right, as Gary cannot sell Nkwe free of this encumbrance. Send me the next one 📸