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    Really hate Land Law, been told its a lot easier once you get your head around it and it clicks, but getting there is a pain!

    Could any kind soul give me pointers on how to tackle this PQ? really struggling

    Thankiesxx



    Craig is the registered freehold proprietor of 7 Waterloo Road which consists of a house and a free-standing shed which is a workshop. 7 Waterloo Road one of a group of ten houses in a cul-de-sac. Last week the freehold estate of 7 Waterloo Road was transferred to Bob who did his own conveyancing. Craig had sold the estate “with vacant possession” and has now disappeared. Bob seeks your advice on the following facts which he has just discovered:

    a) Boris, Craig's brother, lives in the house. Boris has shown Bob a letter, signed by Craig, in which appear the words: “You are my brother and you will always have a home with me.” Boris who has no money and nowhere to go, refuses to move out. Boris has made no financial contribution.

    b) Mary, a carpenter, claims to have a lease relating to the workshop. He is unable to find any documents but says that he has used the workshop for the last five years and makes a monthly payment to Craig. He works in the shed every day.

    c) Mainto Ltd is a company that provides maintenance services for 7 Waterloo Road. Mainto Ltd requires the owner of 7 Waterloo Road to pay an annual sum of £8,000 for maintenance of gardens and other land which the owners of all the houses may use.

    Advise Bob as to whether there is any interest disclosed by the account above that may take priority over his interest in the land.
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    (Original post by weebird)
    Really hate Land Law, been told its a lot easier once you get your head around it and it clicks, but getting there is a pain!

    Could any kind soul give me pointers on how to tackle this PQ? really struggling

    Thankiesxx



    Craig is the registered freehold proprietor of 7 Waterloo Road which consists of a house and a free-standing shed which is a workshop. 7 Waterloo Road one of a group of ten houses in a cul-de-sac. Last week the freehold estate of 7 Waterloo Road was transferred to Bob who did his own conveyancing. Craig had sold the estate “with vacant possession” and has now disappeared. Bob seeks your advice on the following facts which he has just discovered:

    a) Boris, Craig's brother, lives in the house. Boris has shown Bob a letter, signed by Craig, in which appear the words: “You are my brother and you will always have a home with me.” Boris who has no money and nowhere to go, refuses to move out. Boris has made no financial contribution.

    b) Mary, a carpenter, claims to have a lease relating to the workshop. He is unable to find any documents but says that he has used the workshop for the last five years and makes a monthly payment to Craig. He works in the shed every day.

    c) Mainto Ltd is a company that provides maintenance services for 7 Waterloo Road. Mainto Ltd requires the owner of 7 Waterloo Road to pay an annual sum of £8,000 for maintenance of gardens and other land which the owners of all the houses may use.

    Advise Bob as to whether there is any interest disclosed by the account above that may take priority over his interest in the land.
    For (a), you need to consider what kind of interest, if any, Boris has. Then, you need to determine whether, under the circumstances, Boris's interest overrides Bob's, or if the sale to Bob overreaches Boris's interest (look at the LRA 2002 sch 3).

    Follow the same general approach for b and c.

    If you're still having trouble with parts of us, ask us some more specific questions--but we can't just do the problem for you.
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    (Original post by jjarvis)
    For (a), you need to consider what kind of interest, if any, Boris has. Then, you need to determine whether, under the circumstances, Boris's interest overrides Bob's, or if the sale to Bob overreaches Boris's interest (look at the LRA 2002 sch 3).

    Follow the same general approach for b and c.

    If you're still having trouble with parts of us, ask us some more specific questions--but we can't just do the problem for you.
    Thanks!

    So like for A) I was thinking of first, discounting legal interest, and than confirming that it is an equitable right (family interest?) Am I right in thinking this would be quite a small part of A?

    Im not sure where trusts come into it, if they do at all.

    Than move onto overriding interest.
    For it to be overreaching it needs to be within section 1 or Section 3?

    Need to prove actual occuopation, a right and holder of right being in acutal occupation.


    What about Craig witholding information about Boris? Bob should of taken reasonable steps to check if the house was being occupied?
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    (Original post by weebird)
    Thanks!

    So like for A) I was thinking of first, discounting legal interest, and than confirming that it is an equitable right (family interest?) Am I right in thinking this would be quite a small part of A?

    Im not sure where trusts come into it, if they do at all.

    Than move onto overriding interest.
    For it to be overreaching it needs to be within section 1 or Section 3?

    Need to prove actual occuopation, a right and holder of right being in acutal occupation.


    What about Craig witholding information about Boris? Bob should of taken reasonable steps to check if the house was being occupied?
    You're thinking along the right general lines. Why doesn't Boris have a legal interest? What is the nature of Boris's equitable interest? Trusts *absolutely* come into this--remember you can't have more than one beneficial interest in the same property in *law*, only in *equity*, so any time you have beneficial co-ownership you're dealing with a trust. What kind of trust does Boris have, and why? What are the tests for it? I wouldn't say that this question is a small part of A.

    Look at the act again--schedule 1 and schedule 3 have similar content, in some ways, but apply in different situations. What part of the act points you to each schedule? Only one of the schedules is relevant to this question.

    Even if you successfully show actual occupation, remember there are exceptions to the overriding priority rules. Many of the answers for this stem from the statute, though showing actual occupation often requires consideration of case law.

    With regard to Bob's examining the property, the answer to this question is also in the statute--don't think from first principles.

    On a sidenote, overreaching and overriding are not the same thing. Overreaching is when a registered disposition of land overreaches beneficial interests, so the disponee takes free. The beneficiaries' interest shifts to the proceeds of sale. Overriding is when the interest of a beneficiary takes priority over the interest of the purchaser. Make sure you don't confuse them.
 
 
 
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