i know this is long but i just need abit of guidance on whether edward is bound by various third party rights? and how it would be different if the land was registered? thank you
'In 1995 Jim purchased a large house known as Molineux Court from Mr Brown, who currently owns and resides in the property next door. Mr Brown was very keen to preserve the exclusive character of the village and at the time of the conveyance, Jim covenanted with Mr Brown and his successors in title that he would not run a business from the land.
Two years later, Jim’s long term girlfriend, Rose moved into Molineux Court. In recognition that Rose had given up secure accommodation to live with him, and to reflect the fact that she was now paying half of the mortgage payments on Molineux Court, Jim orally agreed that he would hold a half share in the property on trust for her.
During the last two years Jim has sought to improve his cash position by granting by deed a 30-year lease of an outbuilding to a local mechanic, Bal, and by granting to Akila a monthly tenancy of a self-contained part of Molineux Court.
Three months ago Rose went on an extended holiday to Bulgaria to stay with her cousin Marcia. Whilst she was away, Jim decided to sell Molineux Court for only £10,000 to Edward to whom he owed a substantial sum of money. Edward was excited at the prospect of owning Molineux Court as he intended to expand the stable blocks at the rear and open a riding school. In his haste to complete the transaction, Edward did not bother to obtain any legal advice in connection with the sale.
Having now moved into Molineux Court, Edward has encountered several problems. Akila is occupying part of the property and Bal is claiming a rights under his tenancy of the outbuilding. Edward needs to evict Bal as soon as possible as he wants to demolish the out building to make way for the additional stable block. Rose has also turned up and is claiming that she has an interest in the property and that Jim had no right to sell it.
To add to Edward’s problems, when the builders turned up to start work on the stable renovations, Mr Brown threatened court action, based upon the covenant agreement made between himself and Jim in 1999. He claims that the covenant is binding upon Edward and that the business project must cease with immediate effect.'
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land law help needed (third party rights) - please? watch
- Thread Starter
- 28-03-2011 05:08