Property Law Assignment: Analyzing the Dunroamin Property Case

This report provides a detailed analysis of the property law case concerning the Dunroamin property. The case involves Patrice Bourgeois selling the property to Demelza Kernow, with subsequent issues arising from restrictions on business use, claims of ownership by Tamara and Boris, and the involvement of Paddy, Patrice's mother. The report explores the legal issues related to registered and unregistered land, focusing on the rights of the involved parties. It examines the applicability of English property law, including real and personal property, and the implications of registered land under the Land Registration Act 2002. The analysis considers the impact of restrictive covenants, equitable charges, and the importance of proper documentation for transferring ownership. The report concludes by highlighting the key legal issues, such as the unauthorized sale, breach of covenant, and claims of ownership without proper title, providing insights into potential resolutions and legal outcomes. The analysis references relevant case law to support its findings, including the Port of London Authority V Rupert Gerald Ashmore [2009] and Armory v Delamirie.

PROPERTY LAW

Contents
INTRODUCTION.................................................................................................................................3
PROPERTY LAW.................................................................................................................................3
Issue:.................................................................................................................................................3
Rules:.................................................................................................................................................3
Application:.......................................................................................................................................5
Conclusion:........................................................................................................................................6
CONCLUSION.....................................................................................................................................7

INTRODUCTION
Property law refers to the body of law which is mainly imposed upon the person who
own their own property. Thus, property laws is mainly designed in respect of protecting the
rights of the person through dealing in any personal or real property. As in recent times, most
of the cases are raised through the property law and thus judgment is made under the law of
property act, 19251. The report will provide the rulings and application of the relevant laws to
the case of Patrice Bourgeois who is the owner of the house Dunroamin in 1980 and sell the
property to Demelza Kernow. In this report, the discussion is made on the bases of
identifying the legal issues which arising in case of carrying the title of Dunroamin if the
situation raised is of registered and unregistered perspective.
PROPERTY LAW
Issue:
In case of Patrice, issue is raised regarding sale of the Dunroamin in 1980 and also
allows Demelza to extend the business for the business purpose. She wants to sell the
products through the internet in form of earning profits. The conflict raised in respect of
knowing the truth by Tamara, as the land once owned by Dukein 1922 regarding buying the
property for the business purpose. Later in respect of building the house in that areas in 1975,
the restriction are imposed by the developer regarding not extending the area for business
purpose. Another issues is raised regarding not carrying any right in property as the property
was sold to Boris last week. Boris claimed that he appointed the solicitor to throw out of
Demelza from the house. Thus, the claim is raised by the Paddy mother who is unaware of
the facts regarding selling the house without her prior consent. As thus the law is based upon
identifying the right of the person in case of registered and unregistered title in property.
Rules:
English Property law: It mainly related to securing, acquiring, controlling and monitoring the
right of the person in any property. It mainly divided into four major aspects such as Land
1 Beattie, Cordelia. "Married Women's Wills: Probate, Property, and Piety in Later
Medieval England." Law and History Review 37, no. 1 (2019): 29-60.

law, trust law, personal property law and intellectual property law2. It refers to the following
as:
Real property: It mainly linked up with the immovable property and thus property is given on
the bases of land, building, crops, dams or any items which is not movable. In respect of
taking any possession of land, they are liable to register the property under Land Registration
Act, 20023. Usually in this case, property are given on lease, where the temporary right are
given to the partners to hold the possession of the property. This reflects the case of
unregistered property in which the deal is made between the port of London Authority V
Rupert Gerald Ashmore [2009] in which the deal is made regarding taking permission from
the courts in respect of acquiring title of river to be flow via a barge moored in the river4.
Personal property: It refers to possession of movable property and also such property can be
registered or not depend upon the particular situation. It can be related to the jewelry,
furniture or any assets which can be easily moved or transferred from one place to another5. It
is presented with the case of Armory v Delamirie, in which the case reflects the matters
related to infringement of the stone which is not taken by the permission from the owners6.
The judgment is raised in respect of matter related to infringing the personal property and
thus case is filed under the property law.
Registered land: This is mainly undertaken in respect of examining the title on the property
to avail the benefits through such land. In case of the registered land in England & wales,
major priority is of registering the land under HM land registry in respect of availing the
benefits of the title through selling or purchasing any property. Thus, in case of registering
the land following document are issued and after getting registration, the respective charges
are imposed such as property register or proprietorship register or charges for the particular
2 Sheehan, Duncan. The principles of personal property law. Bloomsbury Publishing,
2017.
3 Blackstone, William. Commentaries on the Laws of England: Book III: On Private
Wrongs. Jazzybee Verlag, 2017.
4 London Authority V Rupert Gerald Ashmore [2009]. 2017. [Online]. Available
through: < https://www.casemine.com/judgement/uk/5a8ff72360d03e7f57ea85d2>.
5 Bonfield, Lloyd. "Introduction: Devising, Dying, and Dispute in Early Modern
England." In Devising, Dying and Dispute, pp. 17-30. Routledge, 2016.
6 Armory v Delamirie. 2017. [Online]. Available through: <
https://www.casebriefs.com/blog/law/property/property-law-keyed-to-cribbet/finding/armory-v-delamirie/>.

registration period7. Before selling any registered property, it is necessary to read the wording
of the register or paper so that they must carry the adequate information about the property
and also its terms for keeping the property under the particular time period. In case of
easement also, some right are given to the title holder during keeping the property for the
particular time period.
In contract the charges are also imposed upon the third person in respect of using the
land without the permission from the owners8. Thus, in this case the agreement is made
between the parties and also terms are imposed regarding dealing in any breach in covenant
results in carrying liability to pay the losses imposed.
Unregistered land: It stated that the land which is not registered under the land act does not
carry any right to transfer the property to another person. In respect of unregistered land, they
had to carry out the separate document such as in form of conveyance or deed of easement or
lease or memorandum of sale of any property9.
Equitable charge this refers to the charge which makes the person liable if they are
leasing any property. The charges are excluded to be paid in following circumstances as:
 Such charges which is already kept as security during the time of taking legal estate
 If such property is covered under the trust
 If such charge are paid under other class of charge such as limited owner charge or
Puisne mortgage or any kind of inland revenue charges such as easement or restrictive
covenants or any type of home rights issues10.
The transfer of the ownership can be done either through the lease or giving right to take
the possession or easement of any property. It is necessary for the other party to provide
7 Perzanowski, Aaron, and Jason Schultz. The end of ownership: Personal property in
the digital economy. MIT Press, 2016.
8 Mercier, Courtenay. "" These kind of flesh-flies shall not suck up or devour their
husbands' estates:" married women's separate property rights in England, 1630-1835."
PhD diss., 2018.
9 Blackstone, William. Commentaries on the Laws of England: Book II: Of the Rights
of Things. Jazzybee Verlag, 2017.
10 Lovett, John A. "Yaëll Emerich, Conceptualising Property Law: Integrating Common
Law and Civil Law Traditions." Journal of Civil Law Studies 12, no. 2 (2019): 12.

accurate reason regarding taking the ownership and also it is necessary to make the property
registered under the Land of property Law, 1925.
Application:
By applying the stated laws in the existing situation, it is stated that in case of English
property law, the case reflects the matters related to undertaking the ownership of the
property. As by reflecting this case with the present case, the matters reflects the case of
unregistered property as previously the property is also restricted in respect of using it for
business purpose11. Previously the Covenant is made regarding not using the building for
commercial use. But in respect of selling the property on lease, the disclosure is not made
regarding facing any issue. By referring the suggestion which is made through this case as
London Authority V Rupert Gerald Ashmore [2009], in this case the matter reflects the
matters of the unregistered property which is under the crises and thus legal issues is faced by
the Ashmore in respect of taking the passion of the land. The judgment is compared with the
similar case of Patrice which not carry any right to sell the land but without the prior consent
of her mother, who is also carrying the title of the property12. It also carry the right to
restrictive the covenants in respect of breach committed in giving possession of the property.
In relation to the matter of Dunroamin, it refers to the real property which is
immovable and thus possession of such property is given on the bases of registered land
which is made by Patrice. But as per the point of view of Boris, he claims to be the title of
property in respect of selling the property on verbal bases. As Boris considered such property
in respect of personal property but it is given on the bases of conveyance13. This indicates that
they not carry any right on property such as title of such property is not transferred from one
person to another. Similarly as with the case of Armory v Delamirie, in which the decision
reflects the matters relating to not carrying any right or possession through the words or
expression or promise made until the actual document is transferred to them.
11 Helmholz, R. H. "Deathbed Strife and the Law of Wills in Medieval and Early
Modern England." In Planning for Death, pp. 239-257. Brill, 2018.
12 Bonfield, Lloyd. "Probate Jurisdiction in Early Modern England: England’s Own
‘Peculiar Institution’in Crisis." In Devising, Dying and Dispute, pp. 60-79. Routledge,
2016.
13 Cutts, Tatiana. "Crypto-Property: Response to Public Consultation by the UK
Jurisdiction Taskforce of the LawTech Delivery Panel." LSE Law-Policy Briefing
Paper 36 (2019).

Thus by reflecting the case related to equitable remedy, it is mainly indicated in
respect of carrying the right of both the person, if the property is legally transferred from one
person to another and also such property not covers with any conflict14. But in this case the
restrictive covenant is applied regarding not using the property for any commercial purpose.
Conclusion:
From the above study, the report conclude the matters related to the study of the
property law and its importance of registered and unregistered land. As the first issues which
is indicated under this scenario is related to the selling the registered property without
carrying the permission from his mother who is carrying the equal rights in the property.
Thus, it can be resolved in respect of paying charges regarding breach committed in not
following the terms or also it results, in respect of cancellation of the title deed.
Another legal issues which is faced in this aspects is relating to the using the land for
the commercial use after facing restriction regarding not using such land for the business
purpose. As this is the term which is not mentioned by Paddy in the contract before selling
the property to the Demelza. By this aspects, Demelza carry the right in respect of filling the
suit against the Paddy regarding not disclosing any such information in the contract. As court
order Paddy repudiate the contract but also imposed restriction upon Demelza in respect of by
conducting the accurate inspection about the land before buying it for business use.
Further the legal issues which is raised is relating to claiming for carrying the
ownership without carrying any title of the property or any document which carrying the
ownership of such property. As Boris claimed that the property is sold by Paddy to him in last
week and thus he threw out from that house as he not carry any possession in property. Thus
the judgment in this case is referred to not carrying any such rights as the title of the
ownership is mainly stated if they hold the right on the property. In such aspects, the claim
which is raised in this aspects is illegal and thus can be challenged in the court regarding not
carrying any right on the possession of the house.
As paddy mother’s claimed that she carry the right to stay in that home as she
invested lot of time and money in making the house. But in terms of law, the possession is
only given to the person who carry the major right to own such property or who purchase the
property by his own will and consent. In this case the claim to vacant the house is not
14 Bouckaert, Boudewijn RA. Economic Analysis of Property Law Cases: A Casebook.
Routledge, 2020.

fulfilled, as paddy mother not carry right on the property as during the time of registration,
the property is owned and controlled by the Paddy itself. This issues is also resolved within
the stipulated time period before any suit is filed against him.
CONCLUSION
By studying the case which reflects the matters of property law, it is concluded that
following rules and regulation are studied in this report. In respect of dealing in fair terms. It
is necessary to make the contract valid through registering the land and also following all the
terms and condition mentioned under the law of property act, 1925. In respect of tenant, it is
necessary to carry the accurate inspection regarding the stability of the land and also take
help or verify the details under the Land Registration Act, 2002. In case of matters related to
restrictive covenant, the parties carry the right to file suit against the breach committed in
respect of not following any of norms mentioned under the property act.