Land Law trouble…….?

Articles, News, Planning Permission on February 21st, 2010 No Comments

Hi, Could anybody help me with this UK Land Law Scenario, i am having real trouble….

If someone could just push me in the right direction- what do i need to be covering??

Any advice or suggestions thank you 10 points best answer…

Mr Hay and Mr Corn are two neighbours who live in the rural village of Barley Field. Both are experiencing problems in respect of their land and decide to visit Mr Law the village solicitor. They seek advice on the following issues:

In March 2008 Mr Hay purchased Bramble Farm from Major Thorn. The farm was a registered freehold property when it was transferred to Mr Hay, and Mr Hay was entered as the registered proprietor with absolute title. Subsequently, the following maters have come to light:

(1)Rose, Major Thorn’s partner, has arrived at the property. She was visiting her daughter in New Orleans at the time of the sale, and knew nothing about it. She has documentary evidence that she contributed half the purchase price when Major Thorn acquired Bramble Farm, though she was never entered on the register as a proprietor.

(2)Mr Wood has produced a properly executed deed, dated 2005, whereby Major Thorn granted him a six-year lease of a cottage on the farm. Mr Wood has never actually lived in the cottage. The lease gave him the option to buy the freehold of the cottage should Major Thorn ever decide to sell.

(3)Mr Hay encounters another neighbour, Mr Plant ambling across the overgrown field to the rear of the outbuildings. When he confronts Mr Plant, he is informed that both Mr Plant and his predecessors have been using the field for many years as a short cut to the local pub and intend to continue with or without his permission. Mr Hay is furious as he has earmarked this part of the land to build a granny annexe for his ageing mother.

(4)On moving into the property, Mr Hay is furious to find that an ornamental bronze statue of an African elephant and its plinth have been removed from the garden. He is amazed that Major Thorn has managed to remove it as it was extremely heavy. A local villager informed him that Major Thorn had installed the elephant and other memorabilia in the garden in the late 1970’s when he returned from his travels to Africa. The elephant had caused quite a stir in the village because the Major had had to hire special lifting equipment to manoeuvre it.

You are Mr Law, the solicitor and it is your role to advise Mr Hay as to the factors that will determine which (if any) of the above matters will be binding upon him, and whether or not he can retrieve the elephant.

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