The Student Room Group

Land Law - Registered Land Law Problem Question

Hi, I was wondering if anyone could help me as to how they would go about tackling this question. I have no idea how to structure a problem question answer at all for Land Law.

In early 2006 Fred purchased and was registered as sole proprietor of Ferndown House. Fred's mother contributed £50,000 to the purchase, the rest of the purchase price was funded by way of mortgage. Fred's mother has stayed at the house most weekends and keeps some clothes and personal items in one of the bedrooms. Last month Fred sold Ferndown House to Jack.

Fred's mother claims she did not know about the sale and refuses to move out of Ferndown House. Jack states that he did not see any evidence of Fred's mother living in the house, but acknowledges that he only had a quick look into the bedrooms.

Advise Jack.

Thanks guys!
1) Start by identifying the property right Fred's mother has. If nothing, that is the end of the story as she has no right to stay.

2) If it is overreachable, has it been overreached? If it has, that is the end of the story as she no longer has a right to protect.

3) See if s 29 LRA 2002 applies. If it does, what is the basic effect of that section?

4) Can Fred's mother have protected her interest by a notice on the register?

5) Is Fred's mother's interest one of those which override and so s 29 does not apply to it? You will need to look in Sch 3 and apply the cases you know.
Reply 2
Avatar for HollyBryan
HollyBryan
It may also be worth considering the nature of the mother's occupation -- There are 4 bands and these can affect her interest in the land.

- Substantial Occupation (Abbey National Building Society v Cann)
- Short Absence (Chhokar v Chhokar)
- Intention to return (Thompson v Foy)
- Contextual (Malory Enterprises v Cheshire Homes)
Reply 3
Avatar for Fafali
Fafali
Pls help me answer this easy question: Critically assess the enforcement rules applying to registered titles.
Hey Jessica, I was wondering how you did in your essay and what answers you came up with as I am now having issues with a similar problem question?

Quick Reply

Related discussions

Latest

Trending

Trending

Articles for you