land law essay help Watch
1. Three years ago Tilly Quantock bought a detached house with a long garden. There was a row of oak trees at the end of the garden. When the copy land registers came from her solicitor to confirm her purchase she noticed that the extent of the garden on the land registry title plan did not quite match the actual layout of her garden. A strip of land behind the row of oak trees was not included in the plan.
When she inspected the property before completion of the purchase she had noticed that the same wire mesh fence that ran around the rest of the garden also enclosed the strip of land behind the oaks. The seller had told her that this fence had been put up five years earlier and had replaced a post and wire fence, which the builders had erected at the time the property was built in 2002.
Tilly and her family use the strip of land behind the trees on a regular basis for composting and gardening. There is a locked gate at the end of the strip of land giving access to a footpath at the side of the property. Tilly uses the footpath to go cycling. The wire mesh fence is still in place.
Last month Tilly received a letter from the local council saying that the strip of land belongs to them. They want the strip back in order to assist in the development of the land to the rear. They want to sell the land to a builder who intends building a new house and wants as much garden for it as possible. Tilly replied to the council saying that she knows the strip of land technically belongs to the council. However she explained that a mistake had been made on the plan in the conveyance to her predecessor in title and has asked the council to recognize that she is in fact the true owner. The council have replied telling her to remove the fence and vacate the land immediately.
Advise Tilly. (50% of the marks)
2. “In 1989 the law relating to contracts for the sale of land changed for the better with the passing of the Law of Property (Miscellaneous Provisions) Act. However since then the Courts have been struggling with the problem of agreed terms outwith the Agreement.”
Consider the development of this area of land law since 1989 particularly with reference to decided cases. (50% of the marks)
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