Despite the reduction in overriding interests in the Land Registration Act 2002, the presence of overriding interests in the Act is still a serious and unjustified distortion of the mirror principle.
Critically discuss this statement with reference to case law and academic commentary.
The law on easements is in need of reform.
Critically discuss this statement with reference to case law and academic commentary
The Land Registration Act 2002 made significant changes to law relating to adverse possession. The changes implemented mean that adverse possession is now a concept without significance.
Critically discuss this statement with reference to case law and academic commentary.
Section B – Problem Style Questions:
The following events have happened to Omar. Advise Omar as to who has the best claim to the property found in each of these cases:
Omar purchased a house from Edward. Edward had never lived in the house prior to Omar purchasing it. On the day of moving into the house, Omar found an expensive antique watch on the windowsill in the kitchen.
Omar was invited to dinner at the home of Yousef. Omar found a £50 note just outside the front gate of Yousef’s house, a £20 note on his doorstep and a £10 note in the dining room. None of these notes were originally the property of Yousef.
Omar took his metal detector into the local country park which was owned by Salford City Council. In the wooded area he found 9 old coins lying on the surface of the ground. His metal detector led him to start digging and he also found an old bracelet and necklace set buried in the ground.
The house Omar purchased has acres and acres of land. So much so that wild deer can often be seen roaming across it. There is also a river stream which runs through this land with fish swimming in it. Omar wishes to assert his ownership over the deer and the fish.
In January last year, Annie (A), Blane (B), Chioma (C), Dexter (D) and Elaine (E), who are all lecturers at Unlucky University, decide to pool their financial resources together to jointly purchase a house nearer to campus to reduce the time it takes for them to commute to work. A contributes 50% of the purchase price. B contributes 20% of the purchase price. C, D and E all contribute 10% each to the purchase price. The conveyance purported to convey the land to A, B, C, D and E as Joint Tenants in both Law and in Equity. Over the year the following, awfully morbid, events occurred:
In February, having just moved in, A decided she had made a mistake. She wrote a letter to the other tenants detailing that she ‘had to think things over’ as she was worried she had moved in too hastily. She also said she was moving back into her parents’ house for a bit while she thought about her decision. All of the remaining tenants read the letter and were aware of A’s decision to move out. While A was moving her boxes into her parents’ house she tragically fell down the stairs, breaking her neck in the process and died. A’s daughter Francesca (F) is named as the sole beneficiary of A’s estate in A’s will.
In May, B who had fallen behind on his credit card repayments, has a County Court Judgment awarded against him ordering him to repay his debt in the sum of £100,000. The debt is secured against his interest in the property by way of a Charging Order.
In July, C who is short on cash, offers E the opportunity to purchase his ‘share’ in the property for £100,000. E agrees and the necessary paperwork is completed so that E has successfully purchased C’s interest in the property.
In September, E receives a terminal diagnosis and is told to get her affairs in order. She writes a will leaving everything she owns to her son George (G). She passes away the second her pen leaves the signed will.
Explain the devolution of the LEGAL and EQUITABLE estate of the property.
You must explain both the legal and equitable position as a result of each event which occurs and confirm the final position
Charlie has recently purchased a small but quaint cottage in Norfolk called ‘Gnome Nook’. The previous owner Terry left a number of items behind in the cottage and is now claiming he has the right to retrieve them from Charlie. The items in question are detailed as follows:
100 garden gnome ornaments in a range of different sizes. Collectively, all of the garden gnome ornaments together create a very enchanting ‘woodland’ theme to the cottage, which is what Charlie fell in love with about the cottage, and is the reason the cottage is named ‘Gnome Nook’.
Terry was an editor for a newspaper in his early days and in the basement of the cottage there is a free-standing printing press machine. It is not bolted to floor, but it is still connected to the power source and is extremely heavy.
In the living room, there are two custom sized tapestries which hang by nails in recesses which have been cut into the wall. It is clear that the recesses in the wall have been carved out to match the custom sizing of the tapestries which hang in them.
In one of the bedrooms, attached to the walls are several vintage posters of 80’s boy bands, a replica of the world heavy weight championship wrestling belt, a Grimsby Town football shirt, and a map of the world.
Advise Charlie as to who has the best claim to the items in question.
