Property Law - Case Study | Assignment

Property Law
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Table of Contents
Models of Ownership......................................................................................................................3
Issue.............................................................................................................................................3
Rule..............................................................................................................................................4
Application..................................................................................................................................5
Conclusion...................................................................................................................................7
Trusts...............................................................................................................................................8
Issue.............................................................................................................................................8
Rule..............................................................................................................................................9
Application..................................................................................................................................9
Conclusion.................................................................................................................................11
Covenants......................................................................................................................................12
Issue...........................................................................................................................................12
Rule............................................................................................................................................13
Conclusion.................................................................................................................................16
Easements......................................................................................................................................18
Issue...........................................................................................................................................18
Rule............................................................................................................................................19
Application................................................................................................................................19
Conclusion.................................................................................................................................21
Bibliography..................................................................................................................................23

Models of Ownership
Issue
Raheem discovered a very unique house which property has named Concept 2019. As Raheem
belongs to the pioneer field of electronics, for such reason, he wanted his house to be a showcase
with such modern technology. After purchasing the property, Raheem saw that some of the
property with which Raheem was particularly interested had already been taken by Dr Rodriguez
who is the seller of this particular house. The properties which were taken by the seller were the
titanium fence of the garden and for such reason, the adjoined fence posts of the ground have
disturbed. There was a big LCD screen featured, which was also removed by the seller. For such
reason one of the four walls of the room affected the decoration of the room. However, the other
three walls were decorated with modern art. For removing such things, whatever the damage
made has been repaired; however, Raheem gets disappointed for not to have such ultra-modern
materials.
On the other hand, Raheem is the owner of Shopping Mall named HyperNova which provides
the most futuristic and promising experience and for such reason, Raheem able to develop such a
concept related to fusing the reality with the virtual reality by putting the intangible products on
the physical spaces. Raheem made some friend Zhi, Hamish and Martha in the time of travelling
and set that when they will return to England they will purchase a house together. They decided
to purchase a single house as they wanted to share different ideas at day or night through a
virtual reality headset. However, after living for some days like brothers and sisters they started
to experience in individual creative differences. Everyone gets frustrated and started to argue
with different futuristic technology which has less physicality. For such reason, Hamish offered
for selling his portion and he decided to stay another place and Zhi decided to start his own
business. On the other hand, Martha decided to give her share to her niece.
The case involves issues regarding ownership of the property purchased by Raheem. At the time
of purchasing the property, it was identified that Raheem has great compassion regarding
technology-based products. With this concern, it can be analysed that Raheem wanted to
continue with the products that were present in that property before he purchased the same.

However, the initial owner of the property wanted to remove some of his concerned products
before he gave away the property for sale. Raheem further wanted to input the best possible
technologies inside his property and therefore was concerned about the existing structure of the
same. This included his concern for the removal of certain products from the property which
might affect his plan for decorating the house. There was another issue which has risen after
purchasing the house. As Raheem and his friends were doing argument for creative differences
everyone left the house being frustrated and wanted to sell their parts and now Raheem must
analyze about the implications which able to concern about ownership of the property.
Rule
In the United Kingdom, there is a law called the Law of Property Act 1925 where its Section 36
describes that the tenants in common generally own individual as well as undivided interest over
the related property between two or more than two people1. However, unlike the other individual
Joint ownership forms, such interests can be owned in different types of percentages. Though a
tenant can be the common pass along with the other owners with such traditional documents the
major interest cannot able to pass the interest which does not pass over the law related to other
owners which means, if three different people have a home for vacation in common and in that
meantime, one of the three owners dies, then the ownership of that dead person does not pass
automatically towards the other owners2. Moreover, such deceased's interests will not go through
for probate JTWROS unlikely. Such a thing can cause different complex issues if the other
owners wish for putting the related property up for the sale through the other owners will not be
able to conduct such probate process completely. If they probate once then the related taxes have
to be handled in the following manner- such deceased's interest in the related property can be
gone to the owner's heir as well as the received heir which interests at such a current market
value or stepped-up basis. Such types of value related to the deceased's value can include the
estate of the dead owner. However, if the related gets sold out, then such taxes will be regarding
the entire value of that related property. This means, even though the related owners have
apportioned regarding their relevant percentage related to lose or profit according to their tax
returns.
1 Law of Property Act 1925 c. 20 (Regnal. 15 and 16 Geo 5)
2 Nam-Wook Kim, 'The Footsteps Of Administrative Law And Public Land Law - Focusing On Land Planning Law
-' (2019) 87 Korean Public Land Law Association

Application
From the very first of the case study, there are a lots of issues which were analyzed and
according to those analyses it can be said that it is necessary to check the agreement paper which
was signed during the time period of purchasing the house as there are lots of ultra-modern
properties have been taken out by the seller Dr Rodriguez. Therefore, Raheem needs to check
once the agreement paper if there was written that those properties will be taken by the seller or
not3. If there was written nothing such, then Raheem can demand those ultra-modern properties
to give him return as Raheem was also interested in those properties. As Raheem is very
compassionate with such advanced technological products than by checking for another time can
be very beneficial for him as there is a probability to get back the LCD screen and Titanium
fences of the garden. However, there is not an end. As the house was purchased by four different
owners named Raheem himself and his three friends Zhi, Hamish and Marhta; therefore, as per
being his related concept, he was trying to fuse the virtual reality with the actual reality by
putting the intangible products o the physical spaces. He does not like faltering spaces. However,
for being with three more owners they have different choice of creativity. Therefore, it is not
possible to retain the creativity of four different owners at the same place. Therefore, Raheem
has two choices, one is to discuss with their other friends and set up with negotiating to each
other or he can select his portion from that individual house and he can decorate that portion with
his desire. In this way, he will able to avoid the argument and can stay together as they live
before.
Moreover, as an owner of the house, Raheem has the right to manage such situation with the help
of such legislation which generally exists for providing certainty which is about to be affected
the related intention of Raheem himself4. However, it is the most necessary than the realm which
is related to properties and wills on which the wills are generated and constructed for accordance
with such type of intention related regarding the deceased. In a certain time, such related
intentions can be the major subject of getting dispute through which the case can have the
judgment which will have to divine about such intention truly was. However, Raheem can have
the opportunity to ask here for advice regarding a question that can have seemed to be express
3 Juanita Roche, 'HISTORIOGRAPHY AND THE LAW OF PROPERTY ACT 1925: THE RETURN OF
FRANKENSTEIN' (2018) 77 The Cambridge Law Journal.
4 Michael W. Poulsom, 'S.62 LPA 1925: Restating The Case For Reform' (2017) 9 International Journal of Law in
the Built Environment.

different wishes related to the deceased ad will not ever come to fruition as for the short of delay
in delivering any vital document. In this very case, Raheem and his friends wished to stay in a
joint tenancy which can exist between Raheem and his friends concerning such a property which
he or Raheem wished to live. However, from them, one individual owner decided to give her
niece and that is why for different situations Raheem got trapped and does not get analyzed how
to get rid off from such a situation5. Here, he can have another two choices- one is to buy the
entire house at this situation and if Raheem does this, they will get the opportunity to modify the
entire house in his way. And secondly, if he goes with his other friends' decisions, then he can
have the chance to modify only his particular portion. However, he has the ability to purchase his
section of the house too.
As the clear form of the above sections, it can be analyzed that the very notice can be served
unilaterally by individual joint tenants with the others. However, it can be very helpful for
Raheem and his other recipients for acknowledging or sign the very notice for indicating which
they have to receive the agreement and understand about the related and effective outcomes
which will not be the necessary fact to be valid by achieving such severance. However, here
Raheem can also set up a new agreement with whom his friends wanted to sell their portions of
the house. This will be the best strategy for Raheem to set negotiation with the new owners. In
this way, he can have the opportunity to build up a new agreement paper to sign it. Therefore, he
will get the chance to reset his tenant policy to manage by his self. By having served the notice
he can have the right to register the house as a common or usual tenancy which is termed as the
right of survivorship. Such trademark can be very beneficial for Raheem to develop such a joint
tenancy and may have able to grave such consequences for an individual party from proceedings.
By knowing about the behoves practitioners initially to consider with the new client or owner
likely about the different advantages and disadvantages related to severance and particularly the
better for the owner in retaining the right related to survivorship. Particularly, the major
importances of the joint tenancies generally have the doctrines regarding to survivorship as well
as the four different unities. Such survivorship can have the process through which an individual
5 Graeme Kleiner and Jonathan Harris, 'The Application Of Section 61 Of The Trustee Act 1925: The Court’S
Dubious Prerogative Of Mercy?' [2016] Trusts & Trustees.