I scored a 90 on my SBAQs so I had a pretty strong grasp of the concepts on Land Law. About this doc:
Considering the enforceability of interests on registered and unregistered land & the Land Charges Act 1972. Interests in this question:
An option – similar to estate contract
Implied trus...
Your client Acorn Developments plc are keen to exchange contracts on the purchase of a large area of land in Merseyside, made up of several
different plots being sold by different sellers. Your investigations have revealed the following:
a. Two months ago the current owner of Plot 1 gave the local council an option to purchase part of Plot 1 at any time in the next two years for
£100,000. The council paid £2,000 for the benefit of the option and both parties signed a written agreement recording the agreed terms.
b. Plot 4 is a large house. The owner, Andrew Wilson, used to live there with his civil partner Stephen. The relationship has been under a lot of
strain recently and last week Andrew moved out. Stephen is refusing to leave and claims that he has rights in the land. You have established
that Stephen made a substantial financial contribution to the house when Andrew acquired it.
c. Plot 7 is a retail unit. In January this year, the current owner of the freehold, Premier Properties Ltd, granted Wirral Books Ltd the right to
exclusive possession of the unit for five years in return for a £8,000 premium payment. The agreement was recorded in a deed.
d. Last year the current owner of Plot 10 signed a deed in which they granted DBG Logistics, a firm of accountants owning neighbouring
premises, the right to use a walkway over land forming part of Plot 10.
e. Plot 12 is a retail unit. In 2016, the owner of the freehold granted Helen Condliffe, a sole trader, the right to exclusive possession of the unit.
An extract from the agreement is attached below.
Extract
Classify the various interests being claimed, building on the structure that you met in Unit 1, by completing the first four columns
only of the table attached below.
Table
You will discuss your answers and then move on to complete the table in the session.
, Extract
THIS DEED is made the 10th day of December 2016 BETWEEN SIMON CASTLE of 22 Main Road Chester (“the Landlord”) and HELEN CONDLIFFE of
The Laurels Walker Street Liverpool (“the Tenant”).
The Landlord and Tenant agree as follows:
1. In consideration of the sum of £5,000 paid to the Landlord by the Tenant the Landlord lets to the Tenant the premises known as Unit 12
Commercial Road Liverpool (“the Unit”) for the term of fifteen years from 1 December 2016 ……………
2. The Tenant covenants with the Landlord as follows:
(1) To pay rent of £1,000 per calendar month on the days and in the manner provided by this agreement.
…………[Further covenants by the Tenant]
3. The Landlord covenants with the Tenant as follows:
…………..[Covenants by Landlord]
4. [Further administrative provisions]
SIGNED as a deed by The Landlord ) S. Castle
in the presence of )
)
SIGNED as a deed by The Tenant ) H Condliffe
in the presence of
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