Question 1
In 2010, Denzel purchased the registered freehold of Hollywood Farm situated in Kent. Denzel and his fiancé, Viola, both contributed equally to the deposit and live in Oscar Manor, the 4-bedroom farmhouse. Hollywood Farm also includes Sunshine Riding Stables and Apple Orchard.
Six months ago the following took place:
Denzel granted Latifa a 6-year lease of Sunshine Riding Stables by deed.
Denzel granted Priya the right to use a shortcut across Apple Orchard to access the local shops.
Denzel agreed that Ibrahim could purchase Hollywood Farm anytime over the next 5 years.
Viola went to America to shoot her next major film.
Last month Denzel sold Hollywood Farm for £1.5 million to Colin, who is now the registered owner. Colin told Latifa to leave Sunshine Riding Stables, and he has refused Priya permission to cross Apple Orchard. Viola has returned and is shocked to find that Denzel has sold Hollywood Farm to Colin and that Colin has thrown out all of her belongings, which he noticed whilst he was inspecting Oscar Manor. Viola wants what is “rightfully hers” and Ibrahim now wants to exercise his option to purchase. Colin has stated that he is not bound by Ibrahim’s option and owes Viola nothing.
Denzel has disappeared with the proceeds of the sale.
Advise Colin what rights, if any, the parties may have to Hollywood Farm.
Question 2
In February 2018, Jess, Luke, Declan, Farhan and Emma, all fire fighters, decided to live together, and purchased a five-bedroom terraced property called Seymour Villas. They contributed unequal amounts to the purchase and the property was conveyed to them as equitable joint tenants.
In January 2019, without telling the others, Declan sold his interest in Seymour Villas to Mohammad in signed writing. Soon afterwards, he left the fire service and went off on an around-the-world trip, promising that he would keep in touch.
In December 2019, Luke, the last to leave for work, left a note on the hall table telling the others that he was ‘severing his interest in the house with immediate effect’. That day, whilst at work, Luke received a phone call from Jess, who explained that Farhan and Emma had been in a car accident. Emma was receiving minor care and Farhan was undergoing an emergency operation and unlikely to survive. Luke left work and rushed back home to Seymour Villas: upon arrival he threw his note in the rubbish bin. The next day, Jess found the note when emptying the rubbish bin and confronted Luke. Luke said that he “did not mean anything by the note” and he had changed his mind.
One week later Farhan died. His valid will left all his estate to his girlfriend, Ursula.
In March 2020, over dinner, Jess and Emma discussed the possibility of putting the property up for sale as Jess was thinking about selling her interest in the future. However, they were unable to agree on a date when they might want to sell or the price, so they decided to cease discussions for the time being.
One month ago, Mohammad contacted the other co-owners and expressed his desire to sell the property. Luke and Jess agreed but Emma has refused, as she is pregnant.
Advise the parties as to how the legal and beneficial estates devolve and briefly discuss whether Seymour Villas is likely to be sold.
Question 3
In 2003, Barrie decided to purchase his own house. Barrie was single and worked as a plastic surgeon. Barrie paid the deposit and funded the balance of the purchase by mortgage. The house was conveyed to Barrie as sole legal owner with no mention of any beneficial interest.
In 2005, Barrie’s girlfriend Monique, a journalist, moved in to Barrie’s house as she was five months pregnant. The couple opened up a joint bank account each contributing £1000 per month. The joint bank account was used to pay the utilities, other household expenditures and the mortgage instalments.
In 2006, their son, William, was born. Monique did not return to work as she stayed at home to look after William and Barrie. As Monique was no longer earning, the couple decided to close the joint bank account. The mortgage and most of the utility payments were transferred back into Barrie’s single account. However, Monique set up her own bank account to manage the ‘housekeeping’ money she received from Barrie. Out of Monique’s single bank account she buys the food and pays the gas and electricity utility bills. Monique also does all the cleaning and daily household chores.
In 2015, Barrie paid off the entirety of the mortgage due to his increased earnings.
Last week Barrie told Monique that the relationship is over.
Advise Monique as to what, if any, interest she may have in the property and include how the courts may quantify any such interest. (Do not discuss proprietary estoppel.)
Question 4
Thus blocks of stone placed one on the top of another without any mortar or cement for the purpose of forming a dry stone wall would become part of the land, though the same stones, if deposited in a builder’s yard and for convenience sake stacked on the top of each other in the form of a wall, would remain chattels.
(per Blackburn J. in Holland v. Hodgson (1872) L.R. 7 C.P. at 335)
Critically evaluate with reference to case law and the definition of land how the law determines whether an item of property is a ‘fixture or fitting’.
