I have all the information I need for Land Transfer Unregistered/Registered.
The difficult part of course of applying it to my essay scenario. There is a lot of transferring going on in the scenario, it is difficult to know who is still in the picture and who is out for Edwin to be bound by any of the rights or interests of the others.
'A' was the owner of a freehold property known as Ashdown Farm, title to which was unregistered when he purchased it in 1988. The purchase did not trigger first registration at the Land Registry as the area that Ashdown Farm was located in did not become a compulsory registration area until December 1990 .
In 2005, 'A'granted his son, 'B', an option to purchase Oak Cottage, which was part of Ashdown Farm. The option was for a period of twenty years from 2005. The option agreement was in writing and signed by both parties. The document provided that the option could be exercised by the service of a notice by 'B' to 'A'.
A couple of years later, 'A' and 'B' quarrelled and, without 'B's knowledge, in 2009, 'A' sold Oak Cottage to his brother, 'C' The purchase price 'C' paid for Oak Cottage was about half its market value. 'C' was fully aware of the option granted in favour of 'B'. 'C' later sold Oak Cottage back to 'A'.
Last year, 'A's farm got into difficulties and his other brother, 'D' (who was in Australia at the time), agreed to lend him a sum of money to help him out. He lent him the money on condition that he could have a share of the farm if it was sold.
Notwithstanding the loan, 'A's business continued to struggle and he has now decided to sell the farm to a neighbouring farmer, 'E'
'E' now seeks your advice as to whether he will be bound by any right or interest 'B' or 'D' may have and, if he is, if there is any way he could avoid these.
Would be great to have a bit of guidance on this
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Land law essay help. watch
- Thread Starter
- 27-02-2018 21:31