Abigail is the registered owner of the property at Oxford House, a large plot with a 4 bedroom house and a 2 bedroom cottage on the property. The cottage has a bathroom and kitchen, but lacks a living room. So far, she has lived in the house and rented the cottage short-term, but since her employer moves her to New York City indefinitely, she decides to rent both the house and the cottage longer-term. Nick retired and returned to England in February 2017 to spend his retirement at Rose Cottage. When he arrives at the property, he discovers Petra, who lives there. Petra refuses to leave, claiming that she obtained ownership of the property through harmful possession, and says that after everything she spent on the property, it would be a violation of her human rights to have her moved. Nick says anyone who breaks into someone else`s property is committing a crime and is not allowed to be registered with a title. Nick, who lives and works in Germany, inherited the Freeholde state at RoseCottage in 2004 and was registered as an owner. Nick is too busy to return to England to manage the cabin and asks his friend Oliver to take care of it.
Oliver agrees, even though he lives more than 100 miles away and is therefore not able to visit him regularly. In fact, Oliver never returns to the property after a first visit in 2004. 4. “The new regime of unfavorable ownership of registered land introduced by the LRA in 2002 adopted a clear moral vision of `intentional squatters` because the prospect that the municipal squatter could automatically acquire ownership of the land after the statute of limitations expired was considered inherently unfair. (Neil Cobb and Lorna Fox, `Living Outside the System? The (im)morality of Urban Squatting after the Land Registration Act 2002”, Legal Studies 27(2) 2007). Julia is the registered owner of a plot of land that includes a house with a single garage and an attached holiday home. In January 2014, Julia allowed her close friend Kingsley to live in the cabin for free. Given their long-time friendship, Julia also tells Kingsley that he can use the garage to park his car. Easing and modification of restrictive alliances 6. If Parliament were to review the content of Schedule 3 of the Land Registry Act 2002, what principles should guide it? If the principles you are proposing were adopted, what would be the main changes (if any) that would have to be made to this content? In 2014, Eleanor Green rented Gables to Freddie for five years while living in Red Gables. Shortly after Freddie moves in, Eleanor agrees to allow him to swim in the pond in her garden. Eleanor doesn`t like horses and doesn`t use the paddock, but from time to time she walks down the aisle to the paddock to admire the wildflowers growing there.
On the other side of Rose Cottage is a field owned by Raj whose title is not recorded. Since moving to Rose Cottage in January 2005, Petra has been walking her dogs in the fields to pick wildflowers. To facilitate her movements, she regularly makes her way through the tall grass. She also replaced and waited for the gate of the field. It is now May 2017 and Raj, who wants to bring cows to the field, has asked Petra to stop using it. Petra wants to claim ownership of the field through opposing property. Also on August 30, 2016, Abigail granted Connor and Darren, two students from the local university, the right to move into the cabin from September 1, 2016 to July 1, 2017 (the date they graduated). Connor and Darren tell Abigail how happy they are to have found their holiday home after a few months of searching for a suitable 2 bedroom property. Abigail enters into an agreement with Connor, signed by Abigail and Connor, and another on the same terms with Darren, signed by Abigail and Darren. Recognizing that Connor and Darren are students, Abigail leases the property to them at 60% of its market value.
Article 3 of the agreement states that Abigail may bring another resident into the hut. Section 4 provides that each of the two residents is responsible for all gas and electricity consumed in the cabin during occupancy. In June 2015, Julia decided to sell the cottage to Kingsley. Ownership was transferred by deed and Kingsley was registered as the new owner. In October 2015, Julia officially gave Kingsley the right to park in the garage for a payment of £200. The right is conferred by a deed signed by Julia and Kingsley, but not registered against ownership of the house. In October 2016, Julia sold the house and garage to Leo; He is registered as the owner of the property shortly thereafter. Leo also buys Julia`s wine collection, which remains in the cabin`s cellar. In February 2017, Kingsley sold the smelter property to Mark. 1. “The principle of minimum equity requires that, when establishing an action for opposability to confiscation of property, the court may not go beyond what is necessary to avoid disadvantages.” (Robertson, `The Reliance Basis of Proprietary Estoppel Remedies` [2008] Conv 295). Discuss critically.
3. “The rules determining the existence of an implied housing trust with a `common intent` and the rules determining the shares held by the beneficiaries of such an implied trust are too uncertain.” Discuss critically. 5. “Critically assess whether Schedule 3 of the Land Registry Act 2002 guarantees and should ensure that rights binding an eliminator are easily traceable to him. Six months after Griselda in Nr. 2, she pledges to “Filippo, my neighbour” that the exterior appearance of No. 2 remains unchanged. The undertaking is contained in a written document signed by Griselda, but not Filippo, and subsequently registered on the immovable property of No. 2. 2. “The remedies available to the mortgagee are too extensive and do not reflect the economic realities of the twenty-first century. Immediate reform is needed.
Discuss critically. Quentin pawned Apple Cottage again in 2016, discovering that the tape was actually part of his recorded track and yet did not belong to Rose Cottage. Quentin asks Petra to leave the Strip. Jack and Kendra don`t want to move. They have lived at The Hollies for 25 years and it has been specially adapted to the needs of their 19-year-old daughter, Mary, who is severely disabled. The local authority has offered alternative apartments for rent, but it is several miles from The Hollies and in a very undesirable area. Her two school-aged children (ages 7 and 15) are expected to leave their current schools for schools with far worse reputations. Kendra has a secure job and her mother, who lives nearby, will help with childcare while Kendra is at work. Her mother said that since she can`t drive, she won`t be able to continue to do so if Kendra moves. In addition, major construction work is needed to make alternative housing suitable for Maria.
Filippo is the registered owner of property No. 1 and No. 2 of a series of terraced houses. He decides to live at No. 1 and sell No. 2 to Griselda. Since Filippo is anxious to protect the value of No. 1, shortly after the sale closes, he agrees with Griselda that No. 2 will be used exclusively as a single-family home.