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    Mr Winston and Miss Kaur studied law at their local colleg.They stuck up a relationship together and they left the college they got engaged.Miss Kuar gave Mr Winston £15000 to put towards a home for them.She promptly went home to her parents to let them knw about their engagement.
    Whilst Miss Kaur was away.Mr Winston found an ideal home for the two of them emailed Miss Kaur to let her know.Miss Kaur asked Mr Winston to do whatever was necesssary to purchase the property and told him tht she hoped to return within 3 months.
    Mr Winston obtained a mortgage in his name only,having instructed a licensed conveyancer who had the property conveyed to Mr Winston as the sole registered properitor.
    On Miss Kaur's return,she agreed with Mr Winston that the property was perfect and ideal location to have their reception.Miss Kaur organised the marriage ceremony for 23rd December 2012.
    At the end of October 2010,Miss Kaur recieved an email from her family.There was an emergency and she needed to return immediately.When she got home to her family,she emailed Mr Winston and told him that the problems were quite severe and that whilst she would be home as soon as possible she might be far away for a year or so.
    Whilst Miss Kaur was away,Mr Winston entered into a realtionship with Miss Thomas.Mr Winston asked Miss Thomas whether she and her 8yr old son would live with him in his house.Mr Winston told Miss Thomas that she and her son would never have to worry about where they lived again becuase she would always have a home in his house.In relience of this,she gave up her local housing authority home and,seeing that the kitchen was in need of modernisation,she used her life saivngs to pay for the kitchen to be renovated.
    Mr Winston was in regular email contact with Miss Kaur and they always discussed her return home,but Mr Winston nver told her about his realtionship with Miss Thomas.In July 2011,Mr Winston was involved in a fatal car crash,and as he did not ahve a will,the house passed under the rules of intestacy to his sister,Ms Winston,who was his only living relative.Ms Winston wants to sell the house because she cannot afford to keep up the mortgage payments(Mr Winston was not adequately insured)
    On hearing about Mr Winston's death,Miss Kaur returned home to find Miss Kaur and her son in the house.

    With reference to decided cases and statutory provisions,advise Ms Winston Miss Kaur and Miss Thomas.
    Your are NOT required to consider any possible defences in relation to the mortgage,You are ONLY to deal with the issues relating to co-ownership.
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    (Original post by vikenz)
    Mr Winston and Miss Kaur studied law at their local colleg.They stuck up a relationship together and they left the college they got engaged.Miss Kuar gave Mr Winston £15000 to put towards a home for them.She promptly went home to her parents to let them knw about their engagement.
    Whilst Miss Kaur was away.Mr Winston found an ideal home for the two of them emailed Miss Kaur to let her know.Miss Kaur asked Mr Winston to do whatever was necesssary to purchase the property and told him tht she hoped to return within 3 months.
    Mr Winston obtained a mortgage in his name only,having instructed a licensed conveyancer who had the property conveyed to Mr Winston as the sole registered properitor.
    On Miss Kaur's return,she agreed with Mr Winston that the property was perfect and ideal location to have their reception.Miss Kaur organised the marriage ceremony for 23rd December 2012.
    At the end of October 2010,Miss Kaur recieved an email from her family.There was an emergency and she needed to return immediately.When she got home to her family,she emailed Mr Winston and told him that the problems were quite severe and that whilst she would be home as soon as possible she might be far away for a year or so.
    Whilst Miss Kaur was away,Mr Winston entered into a realtionship with Miss Thomas.Mr Winston asked Miss Thomas whether she and her 8yr old son would live with him in his house.Mr Winston told Miss Thomas that she and her son would never have to worry about where they lived again becuase she would always have a home in his house.In relience of this,she gave up her local housing authority home and,seeing that the kitchen was in need of modernisation,she used her life saivngs to pay for the kitchen to be renovated.
    Mr Winston was in regular email contact with Miss Kaur and they always discussed her return home,but Mr Winston nver told her about his realtionship with Miss Thomas.In July 2011,Mr Winston was involved in a fatal car crash,and as he did not ahve a will,the house passed under the rules of intestacy to his sister,Ms Winston,who was his only living relative.Ms Winston wants to sell the house because she cannot afford to keep up the mortgage payments(Mr Winston was not adequately insured)
    On hearing about Mr Winston's death,Miss Kaur returned home to find Miss Kaur and her son in the house.

    With reference to decided cases and statutory provisions,advise Ms Winston Miss Kaur and Miss Thomas.
    Your are NOT required to consider any possible defences in relation to the mortgage,You are ONLY to deal with the issues relating to co-ownership.
    What are you having difficulty with? Where would you start?
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    I need help for the structure..I can not 5nd the way of starting to advise each party.

    What will each party play in this scenario..I mean their legal play---joint tenant,tenancy in common...tryin 2 figure out but cant..
    Please help me...
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    I would start with Miss Kaur, as her interest in the house was the earliest/first. What kind of interest in the house did she have? Why? How does her time living away alter that position, if at all?

    Follow the same approach with Miss Thomas.

    Then consider what happens to interests after succession through intestacy. What interests bind the successor to the title? Ms Winston wants to sell--if she sold the property, would the sale overreach any interests of Miss Thomas or Miss Kaur?

    This is the approach I'd follow.
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    Thanq...but I m just confused of Miss Winston and Miss Kaur's relationship with Mr Winston..
    Do I consider that Miss Thomas is married to MR Winston...
    And consider Miss Kaur as similar as a living together couple...could it make difference if she would married to him ???her interest in the property.
    Also in discussin abt Miss Winston ,does she have the interest on the property as an intestacy?Also whom does that house should be owned at last ?

    Please answer me....thanq again..
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    (Original post by vikenz)
    Thanq...but I m just confused of Miss Winston and Miss Kaur's relationship with Mr Winston..
    Do I consider that Miss Thomas is married to MR Winston...
    And consider Miss Kaur as similar as a living together couple...could it make difference if she would married to him ???her interest in the property.
    Also in discussin abt Miss Winston ,does she have the interest on the property as an intestacy?Also whom does that house should be owned at last ?

    Please answer me....thanq again..
    Mr Winston is not married to anyone, as far as we can tell from the text of the problem, so you don't need to consider that.

    Miss Kaur has contributed money to the purchase of the house. What is the effect of this?

    Miss Thomas has not contributed money to the purchase of the house, but she has paid money for renovations on the house, moved out of her council house, and was told she could live there with her son. What is the effect of this?

    Once you have determined the nature of Thomas and Kaur's interests, you need to determined whether or not these interests continue to bind the property when it transfers to Ms Winston after Mr Winston's death. Then, you need to figure out what happens to these interests if the house is sold (and whether Ms Winston can actually sell the house).
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    Anyone have any advice or discussions on these questions? For Land Law .. Which 3 are best?

    Anyone have any advice on any of these? question?
    Q.1. Phil lent money to Tom. The loan was secured over property owned by Tom. Tom is now in arrears with the repayments. The value of Tom’s property is currently only slightly greater than the outstanding loan.
    Advise Phil on the most suitable remedies in the following scenarios:
    (a) The property is Tom’s home;
    (b) The property is a tenanted office block; and
    (c) The property is a holiday home that Phil would like to own himself.

    Q. 2. In June 2010 Christina granted Justin a thirty-five year lease of a flat in Ealing. Justin is a student at a University. Justin made the following covenants:
    (a) to pay rent,
    (b) to keep the property in good repair,
    (c) not to assign or sub-let or part possession of the property without permission from the Landlord,
    (d) not to keep pets, and
    (d) not to use any part of the property for business purposes.
    Justin struggled to pay the bills and let his University friend, Sophie, stay in a room during week days in term time. Christina sold the flat to Steve in August 2010. Whilst returning late one night, Justin found an injured fox and brought in back to the flat in order to care for it. Although Justin tried to release it back into the wild the fox will not be separated from Justin and now lives with Justin. In November 2010 Justin was offered a music contract which meant that he could afford a flat nearer the recording studio in West London. Justin sold the Ealing flat to Elizabeth.
    Advise Steve as to any breaches of covenants that may have occurred and to any remedies that he may have.

    Q. 3. Examine the current approach of the courts in distinguishing tenancies from licences.

    Q. 4. Fatima was the owner in fee simple of a large house, 12 Liverpool house, title to which was registered. In January 2009 she divided 12 Liverpool House into two separate houses, 12a and 12b. In February 2009 she sold 12a to Sally and in March 2009 she sold 12b to Adam. Both conveyances contained covenants by Sally and Adam to erect and maintain a boundary wall, not to keep livestock and not to use the premises for commercial purposes.
    In January 2010 Sally sold 12a to Yasser and in October 2011 Adam sold 12b to Kevin. Kevin objects to the fact that Yasser keeps poultry in his garden. Kevin is an architect who works from home, but he also objects to the fact that Yasser, a doctor sees private patients in 12a and Yasser’s patients take up the parking places on the road outside of 12b Liverpool House. Kevin dislikes brick walls and wants to erect an eco friendly bamboo screen around his boundary.
    Advise Kevin as any legal rights and responsibilities he may have.

    Q. 5. Critically examine the category of overriding interests in registered title. What reforms (if any) would you recommend?

    Q. 6. Analyse how different factual situations affect how easements are created.
 
 
 
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