Land Law: Freehold Property, Right of Way, and Property Use

This article discusses the legal issues surrounding freehold property, right of way, and property use in the context of land law. It covers a case study involving Combestone Manor, Combestone Lodge, and the Combestone Estate, and examines the legal rights and obligations of the parties involved.

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ANSWER BOOKLET
GDL: LAND LAW AUGUST 22 EXAM
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EXAM DATE 08 AUGUST 2022
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LAND LAW
INSTRUCTIONS TO CANDIDATES
Where questions are sub-divided, candidates should not expect the sub-divisions
necessarily to be of equal weight.
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QUESTION 1
Last week, Juan purchased the freehold of Hawthorn House (a large
dwelling set in three acres of land) from Kabir. Juan did his own
conveyancing and is dismayed to discover the following problems which
have come to his attention in the last few days.
Juan’s neighbour, Marcia, lives in a property behind Hawthorn House. She
called round the other day to say that in 2020, Kabir had agreed to sell her
part of the garden so that she could build an extension to her house. She
says she has a written agreement to prove it.
A few days ago, Kabir’s wife, Lilah, returned from a two month holiday.
She claims that she is entitled to occupy Hawthorn House and that she
contributed a large sum of money towards the purchase price when Kabir
bought the property.
Kabir has also removed the washing machine from the kitchen and the
fitted wall lights from the hallway. Juan was expecting both these items to
be left at Hawthorn House.
(a) Explain what type of interest Marcia and Lilah each has,
whether each interest has been validly created and whether
it will bind Juan.
(b) How, if at all, would your answer to (a) differ if, at the time
of the sale to Juan, title to Hawthorn House was
unregistered?
(c) Explain whether Kabir was entitled to remove the washing
machine and wall lights.
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UK English legal system is based on the principle of common law that aims to safeguards
the right of the individual. UK common law is uncodified and unwritten constitution enhance
the cope of its legal system. Land law is complex and diversified legislation that secures the
rights of the landowners and tenants. The enactment of Land Registration Act of 2002
provides comprehensive framework for the registration of title, transfer of land to avoid
dispute and confusion in relation to the possession of property. The Act of 1925 was repealed
due to various shortfalls in many provision that finds difficulty in eliminating the Land
registry. Many transaction has been taken place while initiating sale contract of land as it
involves two parties that are bound with certain obligation and enforceable against each other.
Basically, it secures the general interest of the purchaser and laid down certain statutory
compliances that are performed while creating a writing sale deed. It facilitates the fair,
equitable and just treatment to the owner so that they can freely use the property (Amos,
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2019). Law law is a mixture of statutes and rules that derives through various sources of law.
Land law is the one of disciplinary subject of UK legal system as it divided into real and
personal property. Personal rights are such rights that are limited to certain number of people
whereas the real property requires certain control and binds with certain terms and condition
as per the sale agreement made between the parties in relation to title deed. The specific rules
and regulations does not apply to all kinds of property but dealing with certain special
characteristics of land which is unique.
Facts: In a given situation, Juan is the purchaser of Hawthorn House , a three acres of land
which is purchased from Kabir. Marcia is a neighbour of Juan and Kabir has agreed to sell her
part of the garden so that she can easily make extension to her house through written
agreement as a proof of it. Kabir's Wife , Lilah claim that she want title of the Hawthorn
House as large sum of money was contributed by her when Kabir Bought that property. Kabir
has removed all the furniture and Kitchen from the hallway (Hollis, 2020).
(a) Marcia has legal interest over that land as she has written agreement which entitles them
certain rights and interest over the land. It secure the legal interest of the Marcia as it was
initiated through legal formalities. A person who have legal interest in the property is termed
as the actual owner of a land. They enjoy bundle of rights which includes easement rights,
exclusive use of land etc. The legal title is clearly defined under the sale deed which restrict
the other party from using, selling and enjoyment of property. The written agreement is a
legal proof of her absolute possession over the property. The Marcia owes legal interest over
the property which she has bought from the Kabir and legally entitle for all the right available
under the Land law of UK. She is binding with all the statutory requirement laid down under
the title deed.
Whereas the Lilah, a wife of Kabir has equitable interest over the land of Juan which she
sold to them through Kabir. The equitable interest allows the Lilah to not absolutely use the
land as she does not possessed true ownership of the land of the Juan. It gives her right to
access that property but cannot transfer the ownership of property (Rotherham, 2020). In the
case of City of London BS v. Flegg LPA 1925 s 2, the Court held that over possession occurs
when even if beneficiaries are in occupation of the land, no matter whether there is consent
and knowledge of existence of trust will not affect the overreaching of possession of land. She
is entitled to use the benefit of that land but cannot fully access the full fledged ownership and
title of the land. Equitable interest is basically involves financial gain of the party in the asset.
Each interest has been validly created and will be binding on Juan as Marcia has written
agreement to prove her title over the land. As Lilah is the wife of Kabir who has contributed
huge sum of money towards the purchasing price when he was purchase the property.
Despite the fact, legal interest is generally enforce by the law and it gives wider protection to
the owner. In the case of National Provincial Bank v Ainsworth [1965] AC 1175 (HL), the
Court held that the equitable purchaser as subsequent interest over the and quite dissimilar to
the “mere equity” that allows the party to claim for equitable remedies under the land law of
the United Kingdom.
(b) Land Registration Act , 2002 introduced the system of land registry and also defines the
method of registered and unregistered title of property. The unregistered land is basically a
land which is not registered. The unregistered land are subjected to certain documents which
includes the conveyance, new lease not more than seven years band assignment of sale deeds.
The unregistered land have several drawbacks as legal rights are not binding upon them and
they are not subjected to doctrine of notice which has been served in the registered land.
There are several associated risk in case of unregistered land as they are required to follow the
procedure of the conveyancer as this process is quite complicated and involves huge cost.
Without registration of property, it is difficult to prove the ownership of land and actual title
of the land. If any part of the title deeds is lost, destroyed and infringe by third party, difficult
to raise an objection against it. There is chance of fraud which may happen with Juan and
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deeds can be misplaced and lost. However, it is always advisable as per the Land registration
Act of 2002 to registered the land through effective legal mechanism to avoid any kind of
discrepancy in future.. In the case Armstrong and Homes Ltd v Holmes [1993] 1 WLR 1482,
the Court held that there is no requirement of registering a title deed as it is an option
available to the parties to registered the deed to enjoy all the rights that are laid down under
the title deed. In the case of Central London Commercial Estates Ltd v Kato Kagaku Co Ltd
[1998] 4 All ER 948, the limitation Act of 1980 is equally applicable on both registered and
unregistered land and trust formation was repealed from the Land Registration Act of 2002
and does not comply with the Section 75(1) of the Land Registration Act of 1925.
 No, Kabir is not entitled to remove Juan asset such as Washing ,Machine and wall
lights as he has the full ownership over that land. The adverse possession is a legal
principle in which possession of land is owned by someone else who have not legally
entitle over that land. According to Article 65 of the Limitation Act put onus of proof
over the defendants. The UK land law entitles the party to claim for the furniture that
has been occupied by the Kabir. It gives legal remedy to the Juan to claim for the
injunction and other statutory remedies that will safeguard his legal interest over that
property. Land law has bring new regime by establishing new proviso of the Land
Registration Act of 2002. The squatter of the land can claim for the adverse possession
from the date and can demand for eviction of land.
However, the land law gives wider protection to the Juan and secure their legal right through
which he can take actual possession over the furniture owned by the Kabir. The acquisition of
land is based on the principle of adverse possession as it depend upon the time period which
he has spent over that land.
Therefore, the given situation defines the certain essential components of land law that are
important to take into consider while registering the title deed. The legal position of UK land
law gives unique identity all over the world and enhance the scope of land law and the
protection of the land owner. This avoids and prevent the conflict among the parties that
generally arise due to disputed land. There are some relevant statues in the Land law which
includes:
 Law of Property Act, 1925
 Land registration Act of 2002
 Trusts of land and Appointment of Trustees Act 1996
 Land charges Act 1972
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QUESTION 2
Nerys was the registered freehold proprietor of Combestone Manor, a
stately home with large grounds and Combestone Lodge together known
as Combestone Estate. Combestone Manor required major restoration
work and so in order to raise funds, Nerys sold Combestone Lodge located
in the grounds to Olivia, a local artist, in December 2016.
In the transfer, Nerys granted Olivia a right of way over the shared
driveway to Combestone Lodge, and Olivia agreed:
1. to keep in good repair the boundary fence between Combestone
Lodge and the rest of the Combestone Estate;
2. to use the property only for the purpose of a single private
residence;
3. to contribute a fair proportion towards the cost of maintaining the
driveway;
and
4. every year to supply Nerys with two of Olivia’s paintings of the
Combestone Estate.
Olivia sold Combestone Lodge to Phoebe, an accountant, in January 2018.
Phoebe runs an office from Combestone Lodge.
In February 2022, Nerys sold the remaining part of Combestone Estate to
Quinn. Quinn objects to the Lodge being used for a business and is
annoyed that the fence has been damaged by the cars parked at
Combestone Lodge. Phoebe has refused to contribute to the cost of
maintaining the driveway. Furthermore, Quinn has not been supplied with
any paintings of the Combestone Estate and it was this which finally
forced him to come to see you for advice.
Explain whether Quinn can take any action against Phoebe and/or
Olivia in respect of the covenants contained in the 2016 transfer
and, if so, the remedies
which are available to him.
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TYPE YOUR ANSWER HERE
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Ans 2:
According to the given situation where there is no contract between Quin & Pheobe. The
main agreement regarding the Combestone Lodge is between Nerys and Olivia. In the case of
Quin who is the real owner of the remaining Combestone estate and Pheobe who is the owner
of Combestone Lodge, between them the Easement Law would apply because they are
sharing the right of way (Anderson, and Choudhry, 2019). An easement right of way is the
right to use the part of another's property in a particular way but, in the given case the lodge is
under the control of Pheobe. There are four main categories of easement over an adjoining use
of land, i.e. right of way, right of light & air, right of support and the rights relating to
artificial waterways. As the whole Combestone estate got registered by Nerys and also with
the agreement to Olivia the deed was made. But as the estate lodge got transferred from Olivia
to Pheobe and between them there is no deed then, the implied easements is applied which is
not created by deed but are implied by law. The another easement provision has been applied
i.e. Easement for Necessity, usually the need of easement arise when the property owner can't
obtain the entrance to his land. But as such there is no situation in the given case there would
no problem in the entrance (Velasco Retamosa, 2018). Prior to Quin and Pheobe there is an
easement agreement the Nerys and Olivia and there are some other agreement also regarding
the transfer of paintings in a year. So, the prior easement can be use in their case, the
dominant party in this case is Quin who hold the whole Combestone estate and Pheobe hold
the part of the same property which is also the common way for them. The easement is always
attached to the land, when the owner sales the property the private right of way goes with
the sale, and whoever the new owner must obey its terms. Usually at the time of selling the
property the owner disclose all the facts and the existence of easements and other attachment
to a deed, and the new purchaser will decide according to it. The real question arise in the
case is whether Pheobe is liable for the maintenance of damage fencing, according to the
easement maintenance of the easement is the responsibility of the person receiving the
benefit (Stone, 2020). In the given case where Pheobe is doing a business it means he was
taking benefits from that area and according to common law the property owner cannot do
anything to interfere with access to the right of way such as adding fencing or gates, latering
the property drainage to the flood area. However, bot are the real owner of their areas but the
whole estate was in under of Quin and the Lodge is the part of the same estate then, Quin
would be consider the main owner and the Pheobe would be consider as the beneficiary. The
main law which put an impact on this case is the UK Land Law, there are some rights of the
owner's when there is a adjoining property. The right to make use of another piece of land in
order to benefit for his own land by the owner of land is known as easement. A person need to
consider the rights of the owner of the land or property during the purchase of land. Easement
is the right that is possessed by the owner of the land in order to have a beneficial enjoyment
on that land and to further prevent any other action being done upon that land. Sec 62 of the
Law of Property Act, determines that a conveyance of land shall be operated by the virtue of
this act in order to convey with the erections, commons, fixtures, ditches, fences, waters,
ways, liberties, water courses, easements, privileges, advantages and rights (Layard, 2018).
There is a case regarding the damages of adjoining property; Long v. Magnolia Hotel, in this
case court held that, an owner should use his land in the manner so as not to injure the legal
rights of his neighbours. In the case of Quin & Pheobe they become the adjoining owner of
the property. The court put the light on usage of property and observed that, every owner must
use his/ her land in a reasonable manner with due regard to the rights and interest of others.
An owner who negligently or with the intention does an act in the adjoining property which
damages the property then, he would be liable for the damages caused. It is quit cleared from
the above case that, in the case of adjoining property the owner who damages the area was
liable for the damages. So, the first complaint of Quin have to get remedy for that, Pheobe
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will liable to pay the damages of fencing by cars because, he is using the property and also
doing business in the land. Pheobe has to pay the compensation for the damages.
In the second complaint where Quin asked for the paintings to Pheobe is not not consider
because, there is no such agreement between Pheobe and Quin. If there is an agreement
between both of them only then Pheobe is liable to give paintings. It is not like the act of
easement where it would carry on from prior the agreement. The agreement was made
between the Nerys and Olivia regarding the transfer of painting every year. There is no such
provision in the contact law of UK that, the old contract will carry on between the new
parties. As the parties got change and it is the essentials of the valid contract that, the contract
bind the parties who made an agreement. In the case of Quin and Pheobe, there is no such
agreement to transfer the paintings so, Pheobe is not liable to transfer the paintaings.
The property rights that arise from common law, equity and registration system, refers to
land law. A person can acquire a land or have ownership through a contract of sale in order to
complete the process of purchase from the buyer with formal registration of the HM Land
Registry. Land law mainly deals with use and supply of land. It determines the owner of land
with the use and access of it. A person can also have interest in the land with the vision of
being a third party to it (SAYLES, 2022). Third party can also have interest in land with
interests such as covenants, easements, minor and overriding interests. These types of
interests can co exist and interact in respect of one property. Land law uses the ancient
principles and uses of common law with its statutory principles. The most common issues of
Land law includes the following disputes:
 The dispute related to boundary
 The dispute of private rights of way.
 The dispute of registered and unregistered land in consideration of the ownership.
 The discharge and enforcement of restrictive covenant on freehold land.
Any person can buy or own a land in the country of United Kingdom. It is not required to
have a citizenship of UK to buy land in this country. The buying and selling process of land is
not that difficult in this country but the process of getting permission to build is difficult. An
overseas buyer can buy a land in this country with the right to buy a land but it is quite
difficult to find a land with planning permission (Liang, 2020).
A rule that determines what can and cannot be done on land is known as covenant. They are
mainly used to create a deed between parties where one party decides to agree on the
restricted use of land in such a way that it may benefit the another person for his land. A
promise, provision that is contained in deed to land is referred as covenants. The limits of use
can be affected with the interest of covenants, which can be ascertained as the burden of
covenant. It generally allows the owner of the land to have a say on what is permissible and
what is not permissible on the neighbouring property.
A neighbour can enforce a covenant only in situation where there is enforcement of restrictive
covenant on a land or property, if one is the owner of the land who may benefit from the
covenant. A person or neighbour who has no direct link or connection in relation to restrictive
covenant has no right to enforce covenant in any of the way. These covenants usually arise
when there is a contractual agreement between the buyer and seller of land. It continues to
apply if the land is sold by being modifies and discharged. They are legally binding and
enforceable by the court.
In context of the situation of land being sold to Quinn, the remedies available for the transfer
of land in 2016, in respect to covenants are:
 Permanent injunction in relation to breach of a covenant in order to restrain a breach.
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 Damages may be awarded by the court in the case of covenant instead of the remedy
of injunction in order to compensate for the damages (Greer, 2018).
 The victim can be compensated for the damages that has occurred to him.
 Monetary relief can also be granted in order to bear the compensation of the losses.
 The legal rights of the victim or claimant can also be assured in case of occurrence of
any injury.
The main or primary remedy for the breach of covenant is permanent injunction in order to
prevent the breach. In permanent injunction, the parties are advised to stop their work or
process of their ongoing work. It is a kind of stay on both the parties, where the parties are
advised to hold their work and not continue with till the further order of the court. When the
parties are in immediate need of relief, then the injunction is granted in order to provide a
blow of relief to the affected parties. It is mostly granted in the case, where if immediate
action is not taken then the parties may suffer loss which may be impossible to recover and
would damage the party in such a way that the recovery would be difficult or impossible.
Permanent injunction restricts the parties to stop their actions in the course of issue and
authorizes them to wait till the further order of the court. For example – when a matter is
related to construction of a house, then the parties are ordered by the court to stop their work
by imposing injunction. This order by the court restrict the parties to do their work by
stopping the work of construction (Greer, 2018).
In the case of Tulk v. Moxhay,it was held by the court that functioning of restricted covenant
can be 'run with the land' in equity. In order to avoid the strict common law, covenants were
formerly defined as running with the land. The judgement was laid in the favour of plaintiff
and the defendant was accused of violating the covenant and therefore an injunction was
granted in order to restrict the work. If there would be a contract instead of covenant then the
matter would have been enforceable. When the plaintiff wanted to seek an injunction in
opposition of damages, then there would be enforcement of covenant at equity (Bevan,
2018). The matter was related to the fact that contract entered for the use of land by his
vendor with the issuance of notice of purchase would affect the price through covenant.
Therefore, action can be taken for the breach of damages in order to bind the successors in
title. The covenant can be restrictive and the owner of the land can be benefited from the
covenant. In order to bind the successors, the original parties can take the burden to run the
land by providing a notice to the covenant.
QUESTION 3
Abigail, Brian, Christopher, Debbie and Edward had been friends for many years and
had often talked about buying a second home in the Peak District together. In April
2020 they realised this dream by purchasing Valley View in Derbyshire. Abigail,
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Brian, Christopher and Debbie each contributed £100,000 towards the purchase
price of £450,000 and Edward contributed £50,000. The transfer was expressed to
be to Abigail, Brian Baslow, Christopher, Debbie and Edward to hold as joint
beneficial tenants. The transfer was duly registered at the Land Registry.
In June 2020, Debbie was offered a job in Sweden and asked Brian if he would buy
her out. Brian agreed, but before anything was put in writing, Debbie was killed in a
car
accident. Her will left her property to her father Frank.
In August 2020, Edward was struggling financially and he was forced to mortgage his
share of Valley View to Kinder Finance plc. A year later Edward received a large
inheritance and used it to pay off the mortgage.
In September 2021, Brian decided to go travelling. He sent letters by registered post
to the home address of the others. The letters said “I want you to buy me out my
share
of the house immediately”. Everyone signed for their letters apart from Abigail;
Abigail’s
partner signed on her behalf but never gave the letter to Abigail. Brian died in a rock
climbing accident the following month. His will left everything to Abigail.
Last week Abigail, Christopher and Edward met. Christopher wants Valley View to be
sold. Abigail and Edward are opposed to any sale and Edward wants to live there
permanently with his 7 year old son.
(a) Explain the devolution of the legal estate and equitable interests in
Valley View.
(b) Explain whether:
 Christopher can insist that Valley View should be sold;
 Edward can prevent any sale and live at Valley View with his son.
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(a) Taking in the context with the defining the difference between the legal interest and
equitable interest , within the scope of putting the interest in the land or whether totalling the
traditionally formation of the equatable extent which will further considered by the
regulations which are put down under the provisions which are made by the governmental
authorities. The regulations by the authorities look forwards to figure out the interest of the
third party which states :
 legal interests of the involved parties who are indeed binding together within the
obligations
 the parties within the equitable interest tends to only bound the thirds parties involved
 the third parties involved are not bona fide for the buying or selling of the legal estate
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The subject matter revolved around the facts of the case and analysing with the scope of the
provisions mentioned under the Section 4 of the Land Registration Act 2002 and the Law of
Property Act 1925 . The Section 4 the method of registration which is explained gravitates
towards an unregistered estate or land which the subject matter of the transfer or which is the
one turning out to be the assets (Sanders, 2020).
Under the clause of the death of the sole proprietor of the registered land or the sole
keeper of the mortgage land which involves the grants or the letters of the administration.
Looking at the facts of the case, where the left of the parties Abigail, Edward and Christopher,
they have met and ideally talked about their decisions or other viewpoints related to the
registered property.
Where Christopher wanted to sell the registered property of valley view, on the
contrary to his views Abigail and Edward wanted to stick around within the property of
Valley View and did not wanted it to be sole out. Moreover to it, Edward wanted to live with
his son on the property of Valley view.
Moving in the context of United Kingdom, when it comes to the equitable interest in
the property within the region, in the real property the interests for the benefits will bring
about and provide the title holder of the registered land an right to get going and attain the
rights of the legal title of the registered property. It is noteworthy, that the scope of the
equitable title holders does not acquire with the benefits of transferring the legal title tot he
real property, but instead of this the title holders attain the benefit within the purview of the
appreciating and evaluating the values of the property. Looking into the matter relating to the
devolution of the property which is non-settled and it does involved the unfortunate events of
the individual holds the immediate and ultimate rights of the registered property (Anderson,.
and Choudhry, 2019).
The scenarios in the context of the devolution regarding to the property which is not
settled, will be in need of the a notice . The ultimate ardent powers will be given to the owner,
whosoever will be to detain and dispose the property according to his will unaffectedly. In the
cases bringing upon the testacy and the in the case of the intestacy under both he
circumstances the property will be devolves within the extent of the representative of the
registered property (Samuel, 2018).
Dwelling around the property, if the deceased has devised the registered property just
to a single devisee, it is the sole responsibility of the executor to endow the property in the
belonging of the devisee within the more endowed assets.
In the case where the deceased has devised the registered property in two or more
individual as devisee and the shares involved are not divided, the executor will take upon the
case and hod the registered property for sale.
Propounding with the case, where there are majorly three devisee, the executor
appointed , may out the land of Valley View on sale. In the course of cation relating to debts
of the deceased, and the property state of affairs are considered to be intestacy, the
administrator who is appointed will dwell into the property upon the trusts (Tomaney, and
Ferm, 2018).
All this overviewing with the intestacy, the trusts will attained and require the sale of
the registered property to be put on sale and the distribution of the land can be done
accordingly, the regulations at the time of the distributions and the sale of the property will be
hooded together according to provisions of the intestacy. In the entire associated cases related
to the representatives either they attain the extensive ardent powers in regard tot he dividing
of the registered property will be entitle anyhow, this case will be applicable in the matters of
the deceased wife and children.
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Within the context of the devolution of the property, within the involvement of the
personal representative including as a subject matter in the provisions of the Administration
of Estates Act, 1925, it involves :
 the real estate which is involved and solely belong to the deceased, according to the
provisions of this act, will not be ceased after the death of the deceased and the course
of action of the devolve will be bring about from time to time in the manner on the
personal representative (MCDONALD, and Street, 2022).
 The involvement of the personal representative will be seek the property within the
state of affairs of the all the trust and assets with it, from the time of the death of the
deceased and the personal preservative will be known the heir of the registered
property.
 The course of action of the personal representative tends to be get along with the
property of the deceased, the involvements goes much more then relating to the
ceasing of the estate.
(b) (1) and (2) In the course of action of the equitable rights, there states a maxim,he who is
arriving to equity, must arrive with clean hands and this maxim turns in to be of great
significance. An involved party will be as involved in the meaning of the equitable interests
and will showcase the equitable interests in the property, but the shown hands will be of no
use if the party involved is having the hands involved in dirt. As an illustration, here
Christopher wants to sell the valley view registered property within leading with the contrary
viewpoints of abigail and Edward. Assisting with for an example, if the party involved is
claiming to hold the equitable interests entitlement, and with that the party involved is
moving all over other estate of some other owner, this will as result as the curse of action in
detaining from the remedy which has been provided with the court of law. The remedy which
has been given will taken away on the account, as the party has involved in some other
interests and got himself to behave inappropriately (Sanders, 2020).
According to the question pooped relating to the facts of the case, Christopher and
Edward both gravitates to want contrary subject matter from the property of Valley View,
whereas, Christopher wants to sell, the property and Edward wants to live at the property with
his child. The definition this land not entirely deemed to be fit in the context of the unsettled
land, instead of this talking in the purview of the Section 4 it is immediate within the involved
interests in the registered land, the parties who eventually create the legal interests in the
scope of the property will be tends to create the equitable interests in the registered property.
The growth involvement dwelling with the same legal rights and equitable interests in
the same registered property the state of affairs relating to the legislation and its fundamentals
which involves :
 the dynamics will involved the trust for the sale of the registered property
 the land involved tens to be the keen course of action of the 'settled land' (Fiorentini,
and Infantino, 2020).
 the land which is dwelling in to the purview of the keen scenario of the 'non-settled
land'
 the involvement of the land which is termed in the scope of the mortgage land
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in the context of the selling of the registered property, where the parties involved are
anxious to think it through rather it is easy to sell the land then keeping it or the vice versa
situation. In the general cases, it is not important the right to sale the land involved is given to
the trustee and perhaps destroys the equitable interests relating to the land.
As per the subject matter of the devolution of the legal Estates involved , it not very
difficult for the executor to divide the area of the property accordingly But the facts of the
case, are suggesting otherwise, whereas the three of the parties which are involved taking the
case to south (Zhao, and et. al., 2018).
The decision will be upheld by the executor, where the executor appointed will relate
the chances of the property, evaluate the price of the property and the assets involved in it,
and moreover, the executor will take on the decision of the keeping with the registered
property or selling the registered property. Furthermore, to it, as the land mentioned Valley
View is not unsettled, the splitting is done within the following parties Abigail, Christopher
and Edward.
The executor after totalling every subject matter possible relating to the land , will
come to the decision relating to the land (Bogusz, and Sexton, 2022). For the selling purposes
Christopher needs to get the brief notice, whereas the same case scenario will appear to be on
the head of Edward, the application for brief notice will make the deal of Edward living in the
valley View with his son.
QUESTION 4
Isaac was the registered proprietor of Fairburn Hall, a large country house
set in extensive grounds. In 1998, he built Forest Lodge in the grounds of
Fairburn Hall, and moved in to live there whilst Fairburn Hall was being
renovated. The water supply to Forest Lodge came through pipes running
through the grounds of Fairburn Hall.
In 2004 Isaac moved back into Fairburn Hall and sold Forest Lodge to
Melanie. In the transfer, Isaac expressly reserved the right for electric
cables supplying Fairburn Hall to pass under Forest Lodge.
In 2007 Melanie sold Forest Lodge to Narinda and last month Isaac sold
Fairburn Hall to Joseph.
You are consulted by Joseph who tells you that he wants to carry out
significant building works on Fairburn Hall. He has told Narinda that, in
view of the planned works, Narinda will no longer be able to receive her
water supply through the pipes running under Fairburn Hall. Narinda was
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furious to learn of Joseph’s plans, and has said that she will cut off the
electricity supply to Fairburn Hall.
Joseph is also having problems with his neighbour Karl, who owns land on
the northern side of Fairburn Hall. For the last 23 years Isaac had parked
his cars in a field belonging to Karl. Karl has told Joseph that he cannot
park his cars on the land.
There is no documentation or other evidence to suggest that Isaac had
ever been given permission to park his cars there, but Joseph had rather
hoped that he could continue this use of Karl’s field.
Advise Joseph, explaining all the relevant legal issues, whether:
(a) Narinda can continue to receive her water supply over
Fairburn Hall;
(b) he can force Narinda to continue to let him use the electric
cables; and
(c) he can insist that Karl allows him to park his cars in his field.
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TYPE YOUR ANSWER HERE
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QUESTION 5
In 2016, Deepti purchased a parade of retail units in Manchester from
Herbert.
Herbert had already let the units as described below.
Unit 1
In 1994, Herbert let Unit 1 on a 30 year legal lease to Grayson Sports
Limited. The
lease contained a tenant’s covenant to keep in ‘good and substantial
repair’ the interior of the premises. In 2002, Grayson Sports Limited
lawfully assigned the lease to FarOut Entertainment plc. On the whole,
FarOut has proved to be a reliable tenant, although Deepti was concerned,
on a recent inspection, to notice that one of the internal doors was
hanging off its hinges and that there was a large hole in one of the internal
partition walls.
Unit 2
In 2011, Herbert let Unit 2 on a 15 year legal lease to Fabulous Fashions
Limited. The lease contained a covenant not to use the premises other
than for the retail sale of clothing. Fabulous Fashions lawfully assigned the
lease in 2013 to Harriet. Recently, Harriet stopped selling clothes and now
sells a variety of household items at discounted prices from the unit.
Deepti objects to Harriet’s discount store because she says it is unsightly.
Unit 3
In 2013, Herbert let Unit 3 on a 15 year legal lease to Jacob, a bookseller.
The lease to Jacob contained a covenant that Herbert would keep the roof
and structural parts of the parade in good repair.
Jacob has recently contacted Deepti to complain that the roof over his Unit
has just started leaking. Deepti refuses to do anything about it and says
that Jacob should take action against Herbert who built the parade in the
first place.
(a) Advise Deepti as to the possible causes of action and
remedies available to her in respect of the breaches of
covenants at Units 1 & 2.
(b) Explain whether Jacob can take any action in respect of the
roof against Deepti and/or Herbert and the remedies
available to him.
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QUESTION 6
Stephanie is the registered proprietor of a freehold property known as
Greenfield Heights. The property is a substantial house converted into four
flats, all of which are occupied by tenants under identical leases, each
granted in February 2022 for five years. The leases were all made by
deed.
Stephanie bought Greenfield Heights in October 2022, with the aid of a
mortgage (made by deed) over the property in favour of Freeway Finance
plc (“Freeway”). A month later, Stephanie took out a further loan in order
to carry out renovation work. This was secured by way of a mortgage
(made by deed) over the property in favour of Barnsley Building Society.
Both mortgages have been registered at the Land Registry against the
title to Greenfield Heights.
You are consulted by Freeway, which is concerned that it has not received
any mortgage repayments from Stephanie for three months.
Explain:
(a) whether Freeway will be bound by any of the other interests
in the property; and
(b) the remedies which Freeway might consider (both if it
wishes to recover the capital of its loan and if it wishes to
continue the mortgage) and which remedies would be most
appropriate.
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REFERENCES
Books and Journals
Zhao, Y.,and et. al., 2018. Acceptability of land application of alum-based water treatment
residuals–an explicit and comprehensive review. Chemical Engineering Journal, 353,
pp.717-726.
Sanders, K., 2020. Land Law. New Zealand Law Review, 2020(1), pp.105-136.
SAYLES, V., 2022. LAND LAW CONCENTRATE LAW REVISION & STUD. Oxford
University Press.
Liang, S., 2020. Construction and Operation of PFIPs: The Legal Framework and the
Agreements. In Legal Aspects of Privately Financed Infrastructure Projects (PFIPs)
in China (pp. 137-163). Springer, Singapore.
Greer, S., 2018. Land Law Directions. Oxford University Press.
Bevan, C., 2018. Land Law. Oxford University Press.
Bogusz, B. and Sexton, R., 2022. Complete Land Law: Text, Cases and Materials. Oxford
University Press.
Samuel, G., 2018. Are Property Rights So Simple in Europe?. In Property Law: Current
Issues and Debates (pp. 161-186). Routledge.
Fiorentini, F. and Infantino, M., 2020. The Potential of Comparative Law. In Mentoring
Comparative Lawyers: Methods, Times, and Places (pp. 263-280). Springer, Cham.
MCDONALD, I. and Street, A., 2022. EQUITY & TRUSTS CONCENTRATE LAW
REVISION. Oxford University Press.
Tomaney, J. and Ferm, J., 2018. Introduction: Contexts and frameworks for contemporary
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Anderson, G. and Choudhry, S. eds., 2019. Territory and power in constitutional transitions.
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Velasco Retamosa, J.M., 2018. International jurisdiction rules in matters of succession in the
European context. Swiss. Rev. Int'l & Eur. L., 28, p.317.
Stone, E., 2020. Dying trusts, living trusts. Trusts & Trustees, 26(2), pp.124-128.
Layard, A., 2018. Property and planning law in England: facilitating and countering
gentrification. In Handbook of Gentrification Studies. Edward Elgar Publishing.
Barnett, K., 2020. Restitution, compensation and disgorgement. In Research Handbook on
Unjust Enrichment and Restitution (pp. 456-475). Edward Elgar Publishing.
Shaw, E., 2018. Penalty clauses as they apply in dilapidations claims. Journal of Building
Survey, Appraisal & Valuation, 6(4), pp.328-336.
Amos, M., 2019. A UK Bill of Rights Fit for Purpose. How. Hum. & Civ. Rts. L. Rev., 3,
p.41.
Hollis, M., 2020. Dilapidations: Identifying the boundaries of liability. Journal of Building
Survey, Appraisal & Valuation, 8(4), pp.326-354.
Rotherham, C., 2020. Restitution for wrongs. In Research Handbook on Unjust Enrichment
and Restitution (pp. 78-100). Edward Elgar Publishing.
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