Instructions: Answer two questions from the four problem questions below.
The total word limit for both answers is 2500 words. Each of the two answers is worth 50% of the final module mark.
Question 1
Moor view is a large Victorian house that has been converted into two self–contained flats (numbers 1 and 2). Its freehold estate is registered at HM Land Registry with title number DU2637.
Alan purchased the house ten years ago and his name was in the proprietorship register as the registered proprietor. Last month Alan sold Moorview to Betty for £400,000 and she is now recorded on the title register DU2637 as the registered proprietor.
Since the purchase several matters have come to light and Betty seeks your advice on the following:
1. Diana is married to Alan. They have been married for the last eight years and lived in flat number 1 as their matrimonial home. At the time of the sale of Moorview to Betty, Diana was visiting family in Australia for a month. Diana did not know about the sale to Betty.
2. Last year Alan granted Kerri an option to purchase a plot of land in the large garden at the back of Moorview for use as an allotment. The terms of the written agreement state that Kerri can exercise the option to purchase within three years from the date of the grant.
Kerri does not yet have enough money to buy the plot of land, but with Alan’s permission she has been regularly working in the garden since agreement was signed. She has erected a fence around the plot of land and has started to grow vegetables. She leaves her garden tools in a secure box on the land. She is regularly in the garden tending to her vegetables except at the time of the sale to Betty, when Kerri was working abroad for three weeks.
3. Six months ago, Alan orally granted a 2–year lease of flat number 2 to Lisa. The lease commenced immediately and was for a market rent. Lisa paid no other money for the lease other than the rent each month. Last month Lisa assigned the lease by deed to Rory. Rory was living in the flat when Alan sold Moorview to Betty.
4. Two years ago, Alan granted his next–door neighbour, Molly, a right to park her car on the large driveway in front of Moorview. The easement was expressed to last for six years, and the written document contained the following execution clause:
Signed as a deed by Alan Jones Alan Jones in the presence of Jenny Logan Jenny Logan
Signed as a deed by Molly Smith Molly Smith in the presence of Jack Thompson Jack Thomspon
Advise Betty on what rights, if any, Diana, Kerri, Rory and Molly have in Moorview and whether those rights are now binding on her.
Question 2
Kate owned two neighbouring freehold properties in a row of shops on the High Street, numbers 1 and 3. Ten years ago, she granted a lease of shop number 1 to Bob for twenty years. Five years ago, she granted a lease of shop number 3 to Simon for fifteen years. The leases of the two properties are very similar and each includes the same tenant covenants and re–entry clause (A copy of one of the leases is overleaf). Shortly after granting the lease of number 3, Kate sold the freehold of both properties to Lucy.
Three years ago, Martha took assignments by deed of both leases, and ran a delicatessen from number 1 and a greengrocer from number 3. However, last year a supermarket opened nearby, and since then business has not been good for Martha’s shops.
Lucy has not received any rent for number 1 for four months. In addition, number 3 has fallen into a state of disrepair and last week Lucy received a call from the police to say that number 3 had been raided by the police because it was being used for growing cannabis.
Lucy seeks your advice on the following matters:
(a) Whether the rent covenant can be enforced against Martha and/or Bob (Note
to students: you do not need to discuss remedies available to Lucy in this part
of the question); and[35 marks]
(b) Whether, in view of the events Lucy can terminate the leases prematurely and
recover possession of the premises.
You should explain what remedy is available to Lucy to achieve this and what procedures she will need to take.
Explain what action, if any, Martha could take in response to prevent
termination of the leases
Question 3
Beth and Clare are sisters. Dani was Clare’s 23–year old daughter. They all loved dogs and after reading about the plight of Romanian rescue dogs they decided to run a dog centre, rescuing dogs from Romanian kill shelters and rehoming them in the UK. The women purchased a large house with extensive grounds located in a remote part of Northumberland. Clare provided 80% of the purchase price. The remaining 20% was provided equally by Beth and Dani. See the attached TR1.
They moved into the property together and set up the dog rescue centre. Last year it was apparent that Dani was finding the isolation and lack of young company difficult. One morning Clare woke up to discover that Dani had packed her bags and left. Clare found a message from Dani written in lipstick on the communal bathroom mirror, which read:
‘I can’t stand it any longer. Please sell the property. I’m moving to London and need my share of the proceeds to fund a deposit on a property there.’
Clare was distraught and wiped the mirror clean and did not mention this to Beth. A few months later, news came that Dani had died in an accident. In her will she had left all her property to her new girlfriend, Polly.
Beth and Clare continued to run the dog rescue centre which is a successful rehoming centre.
However, their relationship deteriorated in the absence of Dani. Last month Clare left and transferred any interest she had in the property to her son Edward, who lives in Germany.
Beth seeks your advice on the following matters:
1. Who currently owns the house and in what proportions? (You should explain the position both at law and in equity.) [80 marks]
2. Explain whether Edward can force a sale of the property and consider what matters will be taken into consideration and what are his chances of success.
Question 4
Brad was the registered proprietor of three terraced houses, numbers 2, 4 and 6 South Street. A high brick wall runs along the boundary of the gardens of the three properties, but an opening in the wall of the garden of No.4 gives access to the Town Moor (see the plan overleaf). This leads over to the village of Crofton and Brad used to walk there in the evenings after work and at weekends to visit the gym. Originally Brad occupied No.2 South Street but five years ago he sold this property to Frank. Brad then moved into No.4.
Frank’s girlfriend lives in Crofton and he visits her regularly, taking a route along Brad’s garden path in the garden at No.4 and out through the opening in the wall to walk over Town Moor to her house.
In 2020 Brad gave his friend, Amy, a licence to occupy No. 6 South Street. Amy is a keen gardener, and, with Brad’s permission, she stored her large quantity of gardening equipment in the shed in the garden of No. 4. Brad was not interested in gardening and did not store gardening equipment in the shed. In 2021, Amy bought the freehold of No. 6 South Street. The transfer deed did not expressly give her any right to use the shed, but she nonetheless continued to do so.Brad has always driven his car across the forecourt of No. 6 South Street to access Lime Road. This
is because South Street is a very busy road and Brad feels it is dangerous to drive out directly onto it. He continued this practice after he sold No.6 to Amy.
Brad has now fallen out with his neighbours, and he doesn’t want to have to let Frank cross his garden or Amy use his shed. Amy has retaliated by parking on her forecourt in such a way as to prevent Brad being able to drive across it.
Brad seeks your advice on the following matters:
(a) Explain whether he is bound to let Amy store her gardening equipment in the shed in the garden of no.4. [60 marks]
(b) Explain whether he is bound to let Frank walk across his garden to use the opening in the wall to access Town Moor. (For this part of the question you may assume the right of way is capable of being an easement). [20 marks]
(c) Explain whether Amy is bound to let Brad drive across her forecourt.
