Land law seen q please need advice how to answer this or even need the answer
Law revision, exam and homework help.
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Land law seen q please need advice how to answer this or even need the answerAlison and Martin, a couple who met at University, moved into a flat together last year. The
flat was a two bedroom garden flat in a 3 storey Victorian townhouse in Birmingham. They
had deliberately selected a 2 bedroomed flat as they reasoned, given they were in the early
stages of their relationship, it would provide them with individual space.
The other two storeys of the house were occupied by the Imran and Aisha who owned the
freehold of the whole house. The freehold of the house was registered at the Land Registry
in both their names.
When they moved in Alison and Martin were asked to sign almost identical agreements by
Imran and Aisha. The agreements were headed “Licence to occupy garden flat” and
contained (amongst other things) the following clauses:
The Licence will be for a period of 5 years
The Licensee will not be granted exclusive possession to the Garden Flat
From time to time the Licensor may select who will occupy the Garden Flat with the
Licensee
The Licensor will retain a key to the garden flat and will have the right to enter the
garden flat at any time for the purpose of inspecting the condition and repair.
The licences differed in that Alison and Martin were made to sign the agreements on
separate days and the „licence fee‟ was slightly different; Alison had to pay £300 per month
and Martin had to pay £310. Imran and Aisha had stated that this was “to reflect the different
size of the bedrooms”. Alison and Martin thought this a little odd since they would be paying
the rent together but did not say anything about it. The rent for the rooms and the flat as a
whole was on a par with similar properties in the area.
Two months ago, following Imran‟s sudden death, Aisha moved abroad to be with her
daughter and sold the property to Sabjit, who was returning from America where he had
been working for several years. Sabjit had not visited the property at all prior to his purchase.
Now Sabjit has moved back from America, he has discovered the occupation of the Garden
Flat by Alison and Martin.
Please identify what rights Alison and Martin have in the property and advise Sabjit
whether he will be bound by the rights of Alison and Martin.
Please explain your answer with reference to appropriate legal principles and
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Re: Land law seen q please need advice how to answer this or even need the answerhey i would start itoff like this:
one of the ways to answer is to state the law then apply it to the scenario such as PLAN: point out the legal issues, then explain the law, thn apply the law to he scenario and then lastly conclude
So here the legal issue is whether there i a lease or a licence - the legal issue - also state the difference between what a lease and a licence is (a lease: an arrangement between the freeholder of land and a tenant for exclusive use and occupation of the land for a set number of years or less) -an esate in land, one of the two estates capable of existing as a legal state under s1 of the LPA 1925 whereas a licence is not a property right it is only bare permission to occupy.
then apply the law: this being gong through the characteristics of a lease: 1)the term of the lease must be certain: relating it back to the scenario you could state that there was an agreement for five years. always addin in cases as an example for insntance lace v chantler and the important one concerning this characterisitc is prudential assurance co ltd v london residuary body.
etc....
if you go through all te characteristics: remebering that all the charactteristics have to satisfied in order for there to be a lease in the first place. If they are not satisfied then it is a licence.
I hope that helps with you starting the answer. -
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Re: Land law seen q please need advice how to answer this or even need the answer(Original post by manni89)
I'm also working on it. I take it your a BCU student lol.
yes i am at bcu. I am finding land law revision very diffcult -
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Re: Land law seen q please need advice how to answer this or even need the answer(Original post by smidge7)
hey i would start itoff like this:
one of the ways to answer is to state the law then apply it to the scenario such as PLAN: point out the legal issues, then explain the law, thn apply the law to he scenario and then lastly conclude
So here the legal issue is whether there i a lease or a licence - the legal issue - also state the difference between what a lease and a licence is (a lease: an arrangement between the freeholder of land and a tenant for exclusive use and occupation of the land for a set number of years or less) -an esate in land, one of the two estates capable of existing as a legal state under s1 of the LPA 1925 whereas a licence is not a property right it is only bare permission to occupy.
then apply the law: this being gong through the characteristics of a lease: 1)the term of the lease must be certain: relating it back to the scenario you could state that there was an agreement for five years. always addin in cases as an example for insntance lace v chantler and the important one concerning this characterisitc is prudential assurance co ltd v london residuary body.
etc....
if you go through all te characteristics: remebering that all the charactteristics have to satisfied in order for there to be a lease in the first place. If they are not satisfied then it is a licence.
I hope that helps with you starting the answer.
Thank you sooooooooooo much for your help!!! I hope you do really really well in your exams and cw if you have any to do or if you have had any.
