[Law_judith]

Joseph is interested in buying the freehold estate in ‘Essex’, a relatively large detached house, with surrounding grounds. The current registered proprietor is Barbara, who has lived in the property for about 10 years. Joseph checks the register for the property, and sees nothing untoward. He also makes two visits to the property, on different weekends, to have a look round. On the second visit, whilst Barbara is showing him around some of the garden, Joseph notices a strange mound of earth with a metal door set in it. He asks Barbara about this, and she tells him, ‘Oh, that is just an old war- time bomb shelter. It’s a bit run down, so you might want to get it sorted out when you move in.’

Joseph decides to buy ‘Essex’. Everything goes smoothly, and Joseph moves in. A week later, he is sunbathing in the garden when he hears a door creaking open. Sitting up, he sees an elderly gentleman emerging from behind the metal door that he first saw when visiting the property. Startled, and a little disturbed, Joseph demands to know what the gentleman is doing in the dangerous old bomb shelter. Surprised, he replies, ‘I’m Donald, Barbaras’ uncle. I’ve lived in here for the past 8 years, and there’s nothing dangerous about it. Come and see!’ Joseph follows Uncle Donald into the old bomb shelter, and is surprised to see that it has been renovated at some point in the past, and is now a rather cosy little underground cottage.

Not sure what to make of this unexpected turn of events, Joseph tells Uncle Donald, ‘Don’t you know that Babs doesn’t live here any more!? I’m the new owner, and I’m afraid that you’re going to have to move out as quickly as possible’. Uncle Donald, developing a steely glint in his eye, replies. ‘Not likely. I spent my savings on doing up this shelter, and Barbara told me I could live in it for as long as I liked. I even put the plumbing in myself. I’m not going anywhere, young man!’

Advise Joseph

My questions
1) What type of statements would generate an interest in land, is it enough to say 'you can stay here as long as you like', when backed up by detriment reliance?
2) What interest in the property does the uncle have? He's not a joint tenant as nothing written within the deed when Joseph checked, so is it a license? If it is does that give a beneficial interest? Is it a tenancy for life or lease? (He moved in 2 years after Barbara moved in). Was he in actual occupation made into an overriding interest and so protected by s 70(1)(g)?
3) Does the fact that 'renovated the place' give him a beneficial interest? Nothing states that he has got a separate gas or electric meter or that he pays council tax so, legally can he stay at the property?
4) Case law- Boland 80 - other key cases?
5) remedies?
6) Joseph's Solicitor/surveyor should have picked up on the fact that the property wasn't vacant in occupation before completion of sale, are they also liable

I think that
uncle Donald has an overriding interest and is entitles to stay on the property. Barbara could be sued for compensation, for not disclosing that her Uncle was living there. what do you think?

Thanks

[Coursework.info]

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[The Nosy Gecko]

I don't do law(may well be in the future though) but this question made me laugh!
Was worth a comment.

Bump for an answer; I would be thoroughly interested to hear the issues surrounding this...predicament.