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Registered and Unregistered Land UK LAW

UK Land Law Assignments   1. Answer all the 3 questions, each question should be answered in 1,100 words (4 full pages).

2. All answers must start with identification and introduction of the topic and linking the applied principles and relevant case authorities.

3. Answers MUST BE SHOWN in a well structured and logical way with well known decided cases use to support advises/arguments.

4. Facts of each question must be clearly identified and stated using legal language which must be at highest standard.

5. ONLY UK (British) CASES, LAWS, articles) OR ANY OTHER UK LEGAL REASONING IS REQUIRED. In each question at least 10 or more WELL KNOWN related UK cases, Articles ETC should be mentioned

6. NO REFERENCES (books or journals or internet) should be used or Listed at the end IS REQUIRED. This assignment is like an test, and only relevant cases or articles should be clearly stated.

7. A very clear and solid INTRODUCTION AND CONCLUSION are required for each question.

Question 1 €“ it is about Registered and Unregistered Land

Caroline has retired to the countryside to indulge her passion for growing organic vegetables. Last week, she purchased the registered freehold of Darley Cottage from the sole legal owner, Paddy. He also sold Caroline the registered freehold of Fair Meadow, a field a short distance from Darley Cottage, where Caroline plans to grow enough vegetables to be self-sustaining. Since completion of the purchases, the following people have come forward to claim rights over Darley Cottage and Fair Meadow: 1. Lorenzo, who claims that he has a right to buy Fair Meadow at any time until 24 December 2015 for a price equivalent to the market value. Lorenzo showed Caroline a document containing these terms that had been signed by Paddy and Lorenzo and was dated six months ago. 2. Trevor, who has informed Caroline that he has a four year lease by deed of Fair Meadow. 3. Alison, who has just sent an email to Caroline. Alison is married to Paddy and is very angry, having just heard about the purchase of Darley Cottage by Caroline. Alison contributed £25,000 towards the purchase price when her husband bought Darley Cottage seven years ago, and she lived there with Paddy. Alison is an investigative journalist and often travels abroad to work. She was unaware of her husband’s plans to sell Darley Cottage and was overseas on an eight month posting at the time of the purchase, but she is due to return home very soon. Caroline does recall seeing a large pile of letters addressed to Alison when she viewed Darley Cottage prior to the purchase. 4. Juan, who lives in the property behind Darley Cottage, claims that he has a right of way through the garden of Darley Cottage, to access his home. Advise Caroline. How would your answer differ if Darley Cottage and Fair Meadow had been unregistered land?

Question 2 €“ it is about Running of Leasehold Covenants Mo, a fanatical long distance runner, was the registered freehold owner of a shop. On 1 September 1995, he granted a registered legal lease of the shop to Paula. The lease was for a term of 25 years and contained the following covenants, inter alia, on behalf of the tenant: 1. To pay, annually in advance on 1 September in each year, an annual rent of £12,000; 2. To redecorate the interior of the property every four years; 3. Not to use the property for any purpose other than as a shop selling running equipment; 4. Not to use the property for any immoral or illegal activities; 5. Not to assign the lease without the Landlord’s prior consent. The lease contains the usual provisions for forfeiture in the event of a breach of any of the tenant’s covenants. In October 2007, Paula decided to retire, so she assigned the lease to Sebastian with Mo’s consent. In June 2008, Mo decided to move to the USA, so he sold the freehold of the shop to Roger. Sebastian paid the rent as required under the terms of the lease on 1 September 2011. However, Sebastian did not redecorate the shop last year as required under the terms of the lease. In January 2012, Sebastian converted the shop into a bicycle repair shop due to the current vogue for cycling. Sebastian has recently started to hold unlicensed gambling nights at the property, as the bicycle shop is not as successful as he was expecting, and he is in need of the extra money. Having found out about all this, Roger is not happy at all. He is not sure whether he should get Sebastian to leave the property or not, as it might be difficult to find another tenant in the current economic climate. He would like to consider all his possible remedies. Advise the parties. What difference would it make to your answer if the lease had been granted on 1 September 1996? Note: Candidates are not required to discuss any principles of criminal law.   Question 3  €“ it is about Mortgage David owns the registered legal lease of a small shop called Eurofood’ in Middletown. The shop sells continental produce from various European countries. David decided to embark on an ambitious expansion plan to increase the range of products sold in the shop. To assist with this plan, he sought mortgage finance from Continental Bank Ltd (CBL’). On 1 October 2011, David mortgaged his lease of Eurofood to CBL in return for a loan of £50,000, repayable over a 20 year term. At the date of the grant of the mortgage, the lease of Eurofood had 22 years remaining. The mortgage deed contains the following clauses: 1. The legal date of redemption of the mortgage shall be 1 October 2030 and the mortgage may not be redeemed before that date in any circumstances; 2. The mortgage monies shall be repayable by monthly instalments, with interest of 4% above the Bank of England base rate, but in the event that CBL suffers significant losses due to global banking pressures, an additional annual sum of £2,000 shall be payable; 3. For the next 25 years, CBL shall have the right to send a sales representative to Eurofood to solicit customers for CBL’s financial services. Ever since the mortgage was signed, a CBL sales representative has regularly been touting for business in Eurofood. CBL has also invoked the additional annual payment under clause 2 due to the state of the European economy. David would like to sever his links with CBL, as he finds the sales representative annoying and is unhappy about the additional annual payment. He would like to repay the loan in full immediately. Nick owns the registered freehold of a residential house called Yellowacre’. In January 2010, he granted a first legal mortgage of Yellowacre to Foreign Bank Ltd (FBL’). Nick lost his job last year and has fallen behind on the mortgage payments. He is now four months in arrears. However, he has just got a new part-time job and is confident that he will soon be able to start making repayments. Meanwhile, FBL is threatening to enforce its powers of possession and sale. This is alarming to Nick as property prices are falling in the local area. Nick is also concerned that FBL may try to take the expensive hardwood decking which he laid in Yellowacre’s garden and the ornamental nightlights which he had installed in the flowerbeds. Advise David and Nick.

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