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Co-ownership Tutorial II
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Answers study book Complete Land Law of Barbara Bogusz, Roger Sexton (Co-Ownership ) - ISBN: 9780198793250, Edition: 1, Year of publication: 2017 (Co-Ownership)
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Annette and Barry married twenty years ago. They have two children,Robert, who is ten, and Samantha, who is nearly 15.
Five years ago, Annette’s mother, Iris, had a stroke that seriously afected
her mobility, with the consequence that she could no longer look after
herself. Barry and Annette decided to purchase a larger house where they
could care for Iris. They bought The Bungalow, a fve- bedroom bungalow
near the seafront in Cornwall. The property was conveyed to Annette and
Barry to hold for themselves as benefcial joint tenants. They selected The
Bungalow because Annette’s sister, Maureen, and Maureen’s husband,
Nick, lived in the neighbouring property, The Cottage. Annette and Barry
made a number of expensive adaptations to The Bungalow to give Iris as
much independence as possible.
The Bungalow and The Cottage front on to The Meadow, an open space.
Four years ago, the owner of The Meadow indicated his intention to sell
the property to a developer. As they were extremely unhappy about the
prospect of a high-density development in the area, Annette and Nick
acted quickly. They bought The Meadow and agreed with each other to
preserve it as an open space. The property was conveyed to Annette and
Nick to hold for themselves as benefcial tenants in common in equal
shares.
Three years ago, Samantha was diagnosed with dyslexia. Her school,
which is within walking distance of The Bungalow, has a dedicated
learning support ofcer, ,eter. It is the only school in the county that ofers
such provision. ,eter is a source of constant support for Samantha and she
has progressed extremely well under his supervision.
Two years ago, Maureen and Nick separated. Maureen moved out of The
Cottage and into The Bungalow. Nick subsequently sold The Cottage and
moved away from the area.
Last year, Barry used The Bungalow to secure repayment of a £50,000
loan to Xander. Barry did not tell Annette about the loan. He forged her
signature on a document that purported to grant Xander a legal mortgage.
Annette was furious when she discovered what Barry had done, but, for
the sake of their children and their marriage, she forgave him. Barry was
not able to keep up with the loan repayments and the stress was too much
for him. Two months ago, he had a massive heart attack from which he is
still recovering. His doctors have said it is vital to his recovery that he is
insulated from any kind of stress.
Samantha is due to take her GCSEs this year.
Two weeks ago, Xander informed Annette and Barry that, in light of
Barry’s failure to make the loan repayments, he is going to apply for a sale
of The Bungalow to realize his security. A number of other creditors are
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