I have a scenario question in relation to Land Law which I would appreciate any help or guidance with.
Tariq intends to purchase Highgate House, the Title Absolute to which is currently registered in the sole name of Henry, who acquired the property in June 2005.
Henry’s mother, Paula, who paid a substantial amount towards the deposit for Highgate House, usually lives at the property, but at present is visiting family in America for ten weeks.
Until recently, Henry’s wife, Ann, who made no financial contribution to the purchase of Highgate House, also lived with him at the property. However, after discovering that Henry was having an affair with their neighbour, Nancy, Ann has moved out of Highgate House.
In May 2009, Henry took out a loan of £40,000, secured on Highgate House, with GF Loans. In August 2012, Henry granted an easement giving his neighbour, Richard, a right of way across the back garden of Highgate House. Henry granted this easement by deed.
Tariq plans on running his publishing business from Highgate House. Upon mentioning this when viewing the property, Henry informed him that he thinks Highgate House is subject to a restrictive covenant which prohibits the propertyfrom being used for commercial purposes.
Advise Tariq what searches and enquiries he should undertake and whether these interests would bind him should he decide proceed with the purchase of Highgate House.
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