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    Could anybody help me with this question on property/land law PLEASE??? I have read so many books and notes, but just can't get my head around it :mad:
    Any advice would b gr8 thanks......

    Three weeks ago, Farmer Field, who was the proprietor of Meadow Farm, sold and transferred his property to Mr Corn. At the time of the sale the land was unregistered. Mr Corn is an organic food specialist and he intends to open a small café in the grounds of his new home.

    (1) Last week Mr Corn received a letter from a neighbour, Mr Potter who had heard of his business plans. Mr Potter claims that thirty years ago when he sold the land to Farmer Field, an agreement had been entered into upon sale, that Farmer Field would use the premises for residential purposes only. He contends that the agreement is binding on Mr Corn and consequently he must refrain from opening the café on the premises.

    (2) Whilst taking his first tour of the grounds, Mr Corn discovers two other people in occupation of his land. Mr Leek, who is occupying a small flat located behind the stables, claims to have a monthly tenancy granted three years ago; and Mr Root, the local mechanic, produces a letter showing that he has a 25-year lease of an outbuilding in the grounds. Both parties claim that their agreements with Farmer Field are also binding on Mr Corn and refuse to vacate their respective premises.

    (3) Heather, a neighbour, has produced a document, signed by Farmer Field, dated January 2004, whereby Farmer Field, in return for a payment, granted Heather a right of way to her property over a driveway across Meadow Farm.

    (4) Just when Mr Corn thought that things could not get any worse, Daisy, Farmer Field’s grandmother appeared on his doorstep. She was shocked to discover that Farmer Field had sold her beloved Meadow Farm during her absence. She informs Mr Corn that she paid one third of the purchase price when Meadow Farm was purchased nine years ago, and has lived there ever since. She has been in Wales for the past 6 months looking after her sick brother.

    You must advise Mr Corn on whether or not he is bound by these third party rights. You are to provide the requested advice, explaining fully all the legal issues that arise.

    Do not assume that each part of your answer carries equal marks. You should use your discretion as to how many words you devote to each issue.

    IMPORTANT NOTE
    You are not required to discuss the law relating to restrictive covenants or easements; you should deal only with the land registration issues.
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    That sounds like one complicated situation
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    (Original post by ryssy)
    That sounds like one complicated situation
    Yep..it is!

    Its my 2nd yr property essay..due in friday and im stressing so much...ive emailed all my tutors but they wont help...looks like im going 2 fail
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    its not that complicated when you get your head round it: you simply have to go through each of the five parties one-by-one and see whether they fall within schedule1 of the LRA2002. Would have helped a lot more than that, but I see the essay has already gone in loads of people will be in the same boat as you, dw
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    Thats quite a good essay for yr 2! Ive just had my coursework, v hard Q on proprietary estoppel, but its my fave topic lol!!
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    1. It is not in a deed so it doesn't bind unregistered land as it becomes registered. If it was already registered land, it would need to be on the title.

    Overriding interests in Schedule 1

    2. The Purchaser apparently did not inspect the grounds. These overriding interests are ok. The month to month lease is under 7 years and does not need to be in deed form. Of course, FF can cancel the lease in the coming months. The 25 year lease, if the letter is truly a deed, is binding and will continue to bind the Purchaser.
    Yet again Schedule 1.

    3. I think this counts as well. Yet again, schedule 1.

    4. It must be proved that she still resided there and intended too. She pbbly has a right to it as an OI. GL HF
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    (Original post by charli159)
    Yep..it is!

    Its my 2nd yr property essay..due in friday and im stressing so much...ive emailed all my tutors but they wont help...looks like im going 2 fail
    Hey are you doing property cswork at wolves uni in for Monday 5th? about registerd land and on covenantes? the question is....
    Can you please give me some pointers on how to answer this please....

    Prior to Vicky’s acquisition of Pipkin Grange, Andy was the registered proprietor of Pipkin Grange. In 1998 he was injured during a climbing accident and had to give up his job. In order to raise capital he sold part of the grounds to his old friend Lou who covenanted:
    a. To plant a hedge on the boundary between the two properties;
    b. To build only one dwelling on the land;
    c. Not to run a business on the land.
    Andy also granted Lou the right to use a private track running across the grounds of Pipkin Grange on condition that he contributed a quarter of the cost of maintaining it.
    In 2001 Andy decided that he no longer liked the British weather and moved to Australia. He sold Pipkin Grange to Vicky.
    Lou built a bungalow on this land and lived there happily until Andy emigrated. Lou missed Andy so much that in 2002, he decided that he wanted to join him in Australia. He sold his bungalow and land to Marjory, who, despite several requests over the years, has refused to plant the hedge or to contribute to the cost of maintaining the track. Marjory is now threatening to erect another building on the land which she intends to use as a slimming and fitness club.
    Vicky is extremely concerned to hear of Marjory’s construction plans. She also wishes to enforce payment for the maintenance of the track and requires a hedge to be planted on the boundary between the two properties in accordance with the agreed covenant.
    Advise Vicky on the following:
    a) whether she can enforce the track maintenance payment;
    b) whether she can insist upon the hedge being planted; and
    c) whether or not she can prevent Marjory from going ahead with the construction of the fitness club.
 
 
 
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