Case Study in Land Law: Analyzing Property Rights and Agreements

This case study delves into land law, analyzing property rights and sales agreements. Part A focuses on Adele's purchase of La Plage and the rights of various parties, including her mother, a neighbor, and her brother, advising on their legal positions and how their rights could have been protected. It also considers the extent to which a new buyer would be bound by these rights. Part B examines Andy's inherited townhouse and the agreements he made with tenants, advising him on whether he can sell the property free of these interests or if a future purchaser would be bound. The analysis references relevant legislation and legal principles to provide comprehensive advice on the scenarios presented.

LAND LAW (PART A AND
PART B)

INTRODUCTION...........................................................................................................................2
MAIN BODY..................................................................................................................................3
PART A...........................................................................................................................................3
Question 1....................................................................................................................................3
Advise Adele what her legal position is in relation to the rights of the other parties..................3
How those rights could/should have been protected...................................................................5
What extent a new buyer may be bound by those rights were she to sell La Plage....................5
PART B...........................................................................................................................................6
Question 1....................................................................................................................................6
Advise Andy as to whether he can sell the property free of the other parties’ interests or
whether a future purchaser would be bound by any of the agreements he made........................6
CONCLUSION................................................................................................................................8
REFRENCES.................................................................................................................................10

INTRODUCTION
Land laws are the laws which are formed in order to deal with right status been provided
to an individual in order to use eliminate or exclude person from using the land over which the
right has been provided to an individual. These laws works with basic legislation which are
property law and real estate law. Undisclosed videos hospitals in property and real estate is being
covered which helps in making transfer of Property possible in legal and effective manner.
India's lost various countries including renting transfer and contract in relation to property has
been covered. Properties legislations are wider in nature as the IMP and the position of the land
from one person to another and nature is dynamic as it has tendency over impacting property as
per the market rules. Hindi file two parts are there within which first part deals with property
transfer. Second part was about agreements in relation to property.
MAIN BODY
PART A
Question 1
Case scenario: The facts of the case say that in the summer of 2018 Adele purchased the
registered freehold house called La Plage, in Bournemouth for £450,000. Adele’s mother,
Beverley, lived in Italy but provided the deposit of £45,000 for La Plage, with Adele becoming
the sole proprietor. Adele raised the remainder of the purchase price with a mortgage, which was
arranged through Cantander Bank (Kogler, Mittone and Kirchler, 2016). Adele gave Beverley a
receipt to evidence her contribution to the purchase price and she always allowed Beverley to use
the annexed at the back when her mother was visiting the UK. A neighbor, Deepak, has been
given permission to use the shed at the rear of La Plageuntil the restoration of his garage, as he
has nowhere dry to store his Harley Davidson. Adele’s brother, Chris, really loves La Plage. One
night the siblings had a night in and enjoyed a few glasses of wine. In that moment Adele
promised that, were she ever to sell the house, she would give Chris a ‘good price’. They
jokingly wrote this on the back of the supermarket receipt for the wine. Adele now wishes to sell
La Plage, as she finds it too sandy as a residence. A number of interested parties have offered her
more than the market value of £530,000.

Advise Adele what her legal position is in relation to the rights of the other parties.
From the above case scenario it can be observed that right of parties to contract in this
two properties have been come together in order to form the agreement in relation over transfer
of property (Van Liebergen, 2017). There are various legal position existing within the contract
which makes contract function properly. These rights are right of parties to contract or other
rights that are guaranteed to legally valid contract to the parties that have made the argument.
Desert can be in written and undertaking form examples of such rights are the exclusive right to
copyright content, eid party Aisa right to fair and transparent disclosure of the contract material
itself. Contact write text on each side of the contract is dependent on the nature of the content on
the contract. Under this contract there are different set of rights which is been used order to
provide relevant to this agreement. Contract rights are based upon contract duties applications to
perform by IIT party under the top that is set within a contract or an agreement related to
property. The most fundamental contract right is that of having the other party deal fairly and
with good faith in the contract. It is inferred in every contract, and is called the "good faith and
fair dealing" requirement. It requires that both parties maintain a reasonable effort to work
honestly with the other party and provide honesty and disclosure of matters pertaining to the
agreement. Typical kinds of contract rights include:
 The right to buy a specific service or product.
 The right to sell a service or product.
 The right to transfer ownership rights.
 The right to be the exclusive purchaser or seller.
 The right to exclusive ownership or use of a brand, product, or material.
 The right to timely and full monetary payment.
 The right to repairs, refunds, or exchanges.
 The right to file a lawsuit over a contract breach or dispute.
 Other rights related to the particular intentions of each party.
Also there are various elements which is been used in order to form a contract these
elements are offer, acceptance, obligation, legality and validity which is involved in forming
these rights. If parties in any case is not able to fulfill obligation under the agreement or as per

the agreement this amount to breach of contract or agreement. This is crime for which party may
sue android damage can be recovered which is being caused due to future contract. There are
certain kind of remedies which is been provided in relation to the b r e a c h which has been
caused. These remedies are damages, specific performance, injunction, restusion and restitution.
All these memories together provide proper structure with helps in dealing with such breach and
punishing those people who have caused damages to another party. Under search breach
compensation is Gate in the form of money or fine that has been decided by the court within the
judgment passed by it. Also these remedies help in providing justice in relation to breach of
contract which helps in making property more secured. In order to avoid such breach these
remedies has been created which helped in making transfer of property done in more effective
way. These rights are applied with property rights which helps in making transfer of property
done as per the rules and regulation which has been mentioned within the United Kingdom’s
property law and land law.
So, from the above case scenario it can be observed that these rights are applied within it
as transfer of property is involved within it. The case legal position of Adele as per the above
mentioned rights is she is the new owner of property and has all possession upon the property.
The most valid right that has been applied within it is right to transfer ownership rights due to the
purchase made from first owner (Verotti, Dochshanov and Belfiore, 2017).
How those rights could/should have been protected.
In order to protect these rights notice if used which is one of the most primary means of
protecting the third party right registered land and it is different from open OFF notice. Honda at
the concept that is related to unregistered land discussed. These are covered under the land
Registration Act 2002 it has been defined that notice may be entered onto the registration to
protect the most type of interest within the land of the parties. Mote the most important things
which can be used in order to protect these rights as per the notice which is passed from court
and no work can be done over property. Also the rights can be protected as per the legislation of
land registration act 2002. The act has provided with various kinds of rules and regulations
which cannot be violated in any manner. The rights can be protected within property law as they
deal with various modes of transferring property in more effective manner. This law has lead
upon providing various aspects related to property. Judiciary can pass stay order which makes

property transfer done in more effective way. Thus these right can be protection more effective
manner.
What extent a new buyer may be bound by those rights were she to sell La Plage.
These rights are applied to new owner only in the condition when the obligations existing
within the contract has not been modified at any cost. This means that rights of contractual
obligation is applied only to the contracting parties when they have decided to form particular
contract. This has been justified within elements of contact and all the rights is required to be
followed by the parties only when obligation formed is applicable to contract. So, in relation to
contractual obligation the new buyer of La Plage requires to follow the contract obligation only
when Adela has not changed these rights. Also property rights are enforceable to all person so
the agreement formed though these rights is also applied to the new buyers. As, the buyers are
getting full possession upon the property which makes these rights to be applied over them.
PART B
Question 1
Case scenario: In 2013 andy inherited the registered freehold of 24 lane end, 15 storey
townhouse but the property is felt too large for him to live within it. It was decided by him to live
on the ground floor and their needs some income from the other floors. This made him from the
following agreement which says these points:
 Ben (Andy’s best friend) occupied the 1st floor in return for £200 per month for ‘1 year in the
first instance’.
 Claire occupied the top floor in return for payment of £800 per month for a term of 6 years.
This was written on a piece of paper, which they both signed, and entitled ‘licence
agreement’.
 Denny lives on the 2nd floor and works as a chef in Andy’s restaurant nearby. Denny moved
into the house when he split from his partner and pays Andy £100 per week.
Also Andy SCII for entire property and has also make sure that it is duplicate key for all
the floors in all the rooms in order to make separate enter within them. So endless animal and has
encouraged others to have pets and uses the duplicate keys to put water and food to pets Ben dog

for walk. Earlier this year Andy met Ethane and they fell in love with each other now it is
considering two cell 24 in order to move into small property (Sadule-Rios and Aguilera, 2017).
Advise Andy as to whether he can sell the property free of the other parties’ interests or
whether a future purchaser would be bound by any of the agreements he made.
In this case scenario the most appropriate legislation which is requied to be applied is
slaes of good which has now been replace and amendments has been made within it.Consumers
right act 2015 with in UK set all product must be of satisfactory quality and fit for the purpose as
it has been described. Father in these rules introduction to digital content has been defined. All
products whether physical or Digital is required to follow the standards which has been given as
follows:
 Fit for purpose: The court should be paid for the purpose they are supplied for as well as
specific for which the code has been brought.
 As described: This means that goods reply must match the description which has been
given about the model of the product that is being sold or purchased.
 Satisfactory quality: This is one of the most important part of the act as allows good to
maintain its quality which means that it should not be faulty or damaged when it is
received. Authorities should be formed in order to keep quality check of the product
which is been sold or purchased whether it is luxury on non luxury goods.
In order to make this goods validity increase at the time of making the purchase please
require required to have certain kind of warranty, guarantee upon them which helps in increasing
product value and durability within market( Bird and Park, 2016). According to the act claim
can be made against this satisfaction which is shown in relation to the product that has been
brought. Also in case where the goods are faulty o damaged when purchased. In these cases
claims can be made upon bus seller. In this act main rights act has given is legal right to either
get a refund of good or to return the unsatisfactory good by providing description about it. In
relation to this period has been given latest 30 Days full refund can be claimed over the good
witch is of unsatisfactory quality and unfit for the purpose or not as described. 30 days to 6
months retailer is required to get opportunity to repair or replace it before claim refund can be
made against it. 6 or more months is required to be given to the retailer to repair or replace the

claim can be partially attend and the burden of proof shift towards the seller. In case of
perishable goods their required to be returned within 24 hours as they get very easily perishable.
Another thing to be applied within the case is privity of contract.
Doctrine of Privity of contract is common law principle which is limited only to the
parties to contract and are allowed to so each other to enforce their rights and liabilities upon
each other. In this third party not right to confirm Publication to any person who is not part of
contract even the contract main towards each other for fulfilling their part of the contract. This
role is based upon which implies that the only person having entertain the contact is intended to
protect. This can be understood with the help of example that is when X promise to deliver goods
to v. In this case if breach of contract is done by X then only Aruna has right to prosecute him or
else there cannot be and prosecution against x (Singh and Sidhu, 2017). There are certain and
basic elements of privity contract which law contract should be formed between two parties for
more than two parties. What is should be competent and there should be a valid consideration
between them. Party should have discussed about breach of contract and its liability and only
parties to contract and Suraj other no other party so the contract. Consideration is one of the most
important element of contract that exists between parties unless there is consideration a contract
cannot be considered as valid. Consideration means both parties me 20 agreeing to order terms of
contract. There are various exceptions to this Doctrine which are if a contract has been entered
between two parties in order to benefit for third party that is not part of the contract. Then in this
case any party fails to perform his part mix third apply date rights within the contract. This can
be understood with the help of example alex and James when each other within which beneficial
right in respect of some property may be created. So in this case Robin can enforce his name on
the basis of this right.
They can also be a situation in which although there may be no privity of contract
between two parties that is one of them conductor acknowledgement recognised the right of the
other then it can make liability or CA on the basis of the law of estoppel. This can be understood
with the help of example that if a and S into contract will be then we will be rupees 5008 months
to be live time in after this to his son C. These type of provisions is treated as an exception to the
doctrine of privity of contract for protecting the rights of family members who not likely to get a
specific share and also to give maximum effect to the will of the testator. For eg., If A gives his
Property in equal portions to his 3 sons with a condition that after his death all 3 of them will

give Rs 10,000 each to C, the daughter of A. Now C can prosecute if any one of them fails to
obey this(Gilani and et. al., 2016).
These acts has been applied in relation to case scenario in a way that property is required
to sold to third party which makes consumers right applicable as before purchasing condition of
property is required to be checked. Doctrines of privity contract helps in making the transfer
valid in relation to third party by applying its exception that is beneficiary under the contract. So
property cannot be sell for free to any of the parties as legal agreement is required to be formed
within it which makes it valid within be eyes of law.
CONCLUSION
From the above discussion it can be concluded that land laws are those laws which has
been formed in order to make selling and buying of land possible in more effective manner. The
file is divided in to two parts first part deal with contractual rights of an individual over property
been sold. The in second part consumer protection right and privity of contract has been
discussed. All this is applied in relation to case scenarios which has been explained within the
file.

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