Stephane owns several houses in Cotton Village. Stephane lives at number 23 Cotton Village with her partner Patrick and their two young children. Patrick bought the house in 2012 and is the sole registered owner of it. Stephane moved in with Patrick in 2014 and after a few years of living together, Patrick told Stephane that “what’s mine is yours.” Stephane spends much of her time looking after her property portfolio and with the money she makes she has been able to pay for a new bathroom and kitchen to be installed at 23 Cotton Village. Stephane is concerned that if her relationship with Patrick ends, she will have no control over what happens to her home.
Address the following issues (we would advise that you use no more than 1800 words on this section). Explain your reasoning including reference to statutory material and case law where relevant:
- What interest in the land, if any, might Stephane be entitled to?
- Assuming she does have a proprietary interest, how would you advise her to protect it against a potential new purchaser of the land?
- Assuming Stephane does have a proprietary interest, if the relationship did come to an end, would she be able to prevent Patrick from selling the land?
