Hi I have this essay question and I finally have decided I need some other opinions.
You are a trainee in a law firm. Your supervising Partner has met with a new client, called Jack. Following that meeting, you have been provided with a factual background to Jack’s issue:
“Jack and Victor are partners.
They combined their savings, and recently purchased a flat in Glasgow.
The flat is one of six in a tenement block.
The tenement has a paved garden area to the front, and a grass garden area to the rear. Each flat has a pro indiviso share in both the front and back gardens, the close and the loft space.
The flat is in need of renovation. Jack and Victor started with some gentle DIY tasks, which had been done in agreement with each other.
One day, however, Jack returned home from a weekend away to find that Victor had carried out significant changes to the flat whilst he was away.
Victor has wallpapered the living room in a lurid green,
and has replaced the traditional, and long surviving single-pane window frames with bulky double glazing.
As Jack walked into the kitchen, he was able to stop Victor from ripping out the original tiles on the walls.
Victor had planned to replace this panelling with woodchip.
None of these changes had Jack’s approval.
Jack is distraught.
Jack explains that he had gone away for the weekend as the weather was bad, and he does not enjoy being in the flat during high winds.
He also explained that he is particularly upset as he and Victor are soon to be married. Jack is not sure if he can now go ahead with the wedding, and is considering moving out of the flat. Victor has so far refused to consider selling up, and Jack doesn’t know what he can do.
I need to advise Jack soon, but Property law is not my area of expertise. Please prepare me a memo explaining the relevant legal issues. In particular, I am keen to know:
i. Was Victor entitled to carry out the changes (wallpapering, and window replacement) and would he be entitled to replace the tiles?
ii. Is Jack able to prevent him from making any more changes to the property?
iii. Can Victor stop the sale of the flat if Jack wants to move out? Are there any remedies available?
iv. Would it make any difference if Jack and Victor were to get married?”
Any help would be greatly received, so confused if it is joint or co owned. It is not stated in the question. I think I'm missing something big.
Co ownership or Joint! Procrastinating for ages.
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