Property and Conveyancing Problem questions
Lighthouse Point is an exclusivedevelopment constructed on a short promontory which projects in a northwarddirection into the River Tay. At the end of the promontory is an abandonedlighthouse. This remains in the ownership of the Harbour Trustees. They soldoff the rest of the land to Bell Rock Developments who constructed eight highspecification single storey houses. The houses are served by a private roadwhich leads past all of the houses and gives pedestrian and vehicular access tothe lighthouse. There is a gate across the road at the entrance to the groundretained by the Harbour Trust which they keep padlocked. This is rusty and thetrack inside is completely overgrown so that it cannot be used by vehicles. Itdoes not appear to have been used since they sold the site to Bell RockDevelopments in 2003.
Q1 Gavin purchased one of the housesfrom Bell Rock Developments in 2007 and his title is registered in the LandRegister. Having recently been maderedundant from his job with the bank Gavin has set up a business consultancyfrom his home. He provides advice to clients who visit his home in thepreparation of business plans and obtaining funding packages from a variety ofsources. Gavin has converted his diningroom to an office for this purpose and affixed a brass plate to the front wallof his house to denote this business use. Harriet who owns the house nextdoor to Gavin is concerned that this is the thin end of the wedge and willlower the tone of the development. Whatever next she thinks – it could be awhite van parked on the drive of one of the houses and after all she paid£400,000 for her house. This is not the sort of thing that she expected. Whileshe sympathises with Gavin for losing his job that is no excuse for what he isdoing and regularly strangers are ringing her door bell looking for Gavin. Shehas been in contact with Bell Rock Developments to complain but that has notproved satisfactory. Their view is that it a matter for the owners and theyhave suggested that the titles should provide assistance. Harriet’s Land Certificate refersto a deed of conditions over the whole development by Bell Rock DevelopmentsLimited registered in 2004. This includes the following:“Each plot shall be used only forthe erection of a single storey dwellinghouse which shall be occupied by onefamily only and shall not be used for any business purpose. No furthererections shall be permitted each plot.” The deed does not confer anyexpress rights of enforcement.
Discuss whether Harriet can use theseprovisions to prevent Gavin using his property as he is doing at present.
Q1 Gavin purchased one of the housesfrom Bell Rock Developments in 2007 and his title is registered in the LandRegister. Having recently been maderedundant from his job with the bank Gavin has set up a business consultancyfrom his home. He provides advice to clients who visit his home in thepreparation of business plans and obtaining funding packages from a variety ofsources. Gavin has converted his diningroom to an office for this purpose and affixed a brass plate to the front wallof his house to denote this business use. Harriet who owns the house nextdoor to Gavin is concerned that this is the thin end of the wedge and willlower the tone of the development. Whatever next she thinks – it could be awhite van parked on the drive of one of the houses and after all she paid£400,000 for her house. This is not the sort of thing that she expected. Whileshe sympathises with Gavin for losing his job that is no excuse for what he isdoing and regularly strangers are ringing her door bell looking for Gavin. Shehas been in contact with Bell Rock Developments to complain but that has notproved satisfactory. Their view is that it a matter for the owners and theyhave suggested that the titles should provide assistance. Harriet’s Land Certificate refersto a deed of conditions over the whole development by Bell Rock DevelopmentsLimited registered in 2004. This includes the following:“Each plot shall be used only forthe erection of a single storey dwellinghouse which shall be occupied by onefamily only and shall not be used for any business purpose. No furthererections shall be permitted each plot.” The deed does not confer anyexpress rights of enforcement.
Discuss whether Harriet can use theseprovisions to prevent Gavin using his property as he is doing at present.
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