I have this problem question;
Need help as I keep confusing myself on what it is actually asking, Brenda is a beneficiary who contributed to pruchase price so has a beneficial interest right? Does tenancy in common/ joint tenancy come into it?
Also What about Cacophony im totally lost with them.
Anderson was the sole registered proprietor of Yantabulla, a property comprising shop premises on the ground floor and a first floor self-contained flat (which has its own external access). Anderson’s orphaned niece Brenda contributed a £50,000 inheritance to the original purchase of the property in December 2007; Anderson provided the remaining £200,000. For most of the year, Brenda lives in the flat and works for Anderson; but every summer she works as a holiday courier in Greece. When she goes away for the summer, she clears out all her personal possessions from the flat and stores them in boxes at the back of the shop. The furniture (all of which belongs to Anderson) remains in the flat, which Anderson sometimes lets to holidaymakers.
In July 2010 Anderson entered into a written contract with Cacophony Ltd to sell the shop premises (but not the flat) for £250,000. Pending completion, Cacophony persuaded Anderson to let them attach a massive advertising sign to the outside of the property, which states “SOLD to Cacophony ... your friendly hi-fi dealers, opening here very soon”.
In August 2010 Anderson met Derwyn, a property developer, for lunch. Derwyn desperately wanted to acquire both the shop premises and the flat, to create one large two-storey office. Derwyn promised that, if Anderson transferred the entire Yantabulla property to him speedily, he would to give Anderson in exchange a luxury apartment in Monte Carlo, worth £500,000. Anderson took Derwyn to the property for a quick look. Derwyn noticed the Cacophony sign, but Anderson told him “Don’t worry about them. We’ve finalised nothing yet.” After looking round the shop, they looked round the furnished flat, which was then free of holidaymakers. Brenda was still away in Greece, and Derwyn was told nothing of her. Derwyn and Anderson agreed on the deal there and then; and they put it in writing.
Three weeks later Anderson and Derwyn were about to complete the transfer of the properties. Anderson, whose conscience bothered him, told Derwyn of Brenda’s living arrangement in the flat, though not of her contribution to the purchase of Yantabulla. Derwyn replied, “Well that’s bad luck for her. As far as I’m concerned, she’s up the same creek as Cacophony. Business is business.” The transfer of Yantabulla from Anderson to Derwyn was completed later that day.
On 5 September 2010 Brenda arrived back from Greece and went back into the flat with all her possessions. Anderson had by then flown off to Monte Carlo. On 10 September 2010 Derwyn was registered as proprietor of Yantabulla. The next day, when Derwyn’s builders arrived at the properties to begin work, both Brenda and a representative of Cacophony discovered what had happened.
(1) Advise Brenda and Cacophony as to whether they have any rights in Yantabulla enforceable against Derwyn.
Urgent help-land law Watch
- Thread Starter
- 02-12-2010 21:29