LAW5085 Land Law & Property

LAW5085 Land Law & Property Practice-Assessment 2

Document A- Assessment 2 scenarios and questions .

You are a trainee solicitor at BCU Solicitors LLP. Your supervising partner is Neville Eze. Your supervisor has presented you with THREE separate problem scenarios (Questions 1, 2 and 3) concerning three separate clients.

Your task is to assist your supervisor by carrying out LEGAL RESEARCH and providing WRITTEN ADVICE in the form of TWO separate emails to your supervisor, outlining and explaining the legal advice to be given to the clients in respect of TWO of the Questions.

Please note that this assessment is a work of fiction. No reference to any actual person, property or firm of solicitors is intended.

Question 1: Question 1 is COMPULSORY. You must answer this question.

Questions 2 and 3: You should answer ONE of these questions, EITHER Question 2 OR Question 3.

Question 1

This question is compulsory.

Email from your supervisor

FROM: Neville Eze

TO: Trainee

DATE: [Todays date]

FILE REF: BE/001

RE: Seaside Cottage, Cornwall (the property)- Ownership dispute

I have recently been contacted by Bilal Hussain and EJ Smith regarding the above property. It relates to a holiday cottage in Cornwall. Please see details below.

Can you please email me setting out the advice we should give to the clients? I will need to review the reasons and the authorities before meeting with them next week.

Please research any relevant legislation and cases and include details in your advice. You do not need to give the full case citation, only the name and year of the case.

There are three specific queries. To assist, can you please use the same numbering in your advice e-mail.

I am happy for you to explain your advice in diagram form although I will need explanations alongside.

Please ensure you include relevant legislation and case law. Using abbreviations (for names, legislation and cases) is acceptable provided that you define the abbreviation before using it.

Details as follows-

In May 2019, a group of friends , Arjan(A), Bilal(B), Chas(C), Debs(D) and EJ (E)decided that they wanted to pool their resources and buy a seaside holiday home together in Cornwall ( the property). At the time of buying the property they decided that the property could not be sold whilst any one of them still required it as a holiday home. Bilal was the youngest of the group but celebrated his 18th birthday a couple of months after the purchase of the property.

Arjan, Bilal, Chas and Debs jointly contributed 50% of the purchase price with EJ contributing the other 50%. Despite their unequal contributions, they declared themselves joint tenants in both law and equity. This was correctly registered at H.M Land Registry.

In March 2020, Arjan contracted Covid and sadly died in June 2020. Arjan had a valid will in existence at the time of his death and left his share of the property to Flo(F). Flo has subsequently enjoyed holidays at the property remembering her dear friend.

In September 2020, Chas ran into financial difficulties and required access to the monies he had invested. Chas wrote to Bilal and Debs to inform them that he wished to sell his share. He sold his share to Gregor (G) in December 2020. Gregor paid a significant amount of money to Chas although no paperwork was ever completed or indeed sent to HMLR.

Further tragedy struck the group of friends in July 2021;all of them were at the property when Debs was killed in a surfing accident. Debs had made a will leaving her share in the property to her close friend Raju.

The remaining friends are now in dispute. Gregor, Flo and Raju want to sell the property but Bilal and EJ wish to retain ownership.

Bilal and EJ require the following legal advice -

• Who were the legal and equitable co-owners of the property when it was acquired, and what was the nature of their co-ownership? Please include explanations.
  
  

• Who are the current owners in law and equity and what is the nature of their co-ownership?In detailing your advice, please consider every event (in date order) since acquisition.

• Outline what action, if any, Gregor, Flo and Raju could take to force a sale of the property and the likelihood of any action being

END OF QUESTION 1

Question 2 (optional)

You must answer EITHER Question 2 OR Question 3 Email from your supervisor

From: Neville Eze

To: Trainee Solicitor

Date: Today

Ref: FS/001

Subject: Felix Smith- dispute re The Cottage

Dear Trainee

I have recently been contacted by Felix Smith. Felix is an old client of mine who is having a few problems with a property he owns with his daughter and son-in- law. All sounds pretty upsetting and I fear this is going to be a difficult case.

Please see the details below. I would like you to consider the issues, then research the relevant law and detail your advice. If you need to refer to any relevant cases, then please provide party names and dates.

I have been able to ascertain the key points on which advice is required. For clarity can you please use the numbering used below in your e-mail.

Please can you consider each issue carefully and email me your advice. Here are the details, provided to me by Felix-

Ten years ago, Felix decided to move in with his daughter, Wanda , her husband Harry and their two young children. To fund the purchase of a large enough house, Felix contributed 20% of the purchase price with Wanda and Harry contributing 40?ch (100% in total). They subsequently purchased a property called The Cottage. It was conveyed to Wanda and Harry and registered in their names at HMLR. Felix cannot recall any specific conversations regarding ownership of The Cottage but was not concerned at that time as he was satisfied that his daughter and her husband were aware that his contribution was an investment rather than a gift to them.

The Cottage required extensive renovation and over the years, Felix has spent a lot of time and money on the property including paying for and building a patio and a new kitchen together with general DIY and gardening. Although Felix cannot recall any precise discussions with Wanda and Harry regarding ownership, neither of them objected to Felix investing his time and money in this way and he took their silence to mean acceptance of his share of The Cottage. By investing in The Cottage, Felix was unable to invest elsewhere and his savings have dwindled. This was not of concern to him at the time as it was his understanding that he was a part-owner of The Cottage.

Two years ago, Wanda and Harry who by this time had been running a successful business for a number of years- sought to raise money to further invest in their business. They successfully applied for a mortgage from Shark Finance Ltd (Shark) . This mortgage was secured on The Cottage. Wanda and Harry assured Shark that no-one over the age of 18- other than themselves had an interest in The Cottage nor lived at the property. When the surveyor instructed by Shark Finance Ltd attended to carry out the valuation of The Cottage, she did not inspect the interior of the property. Felix knew nothing of this mortgage and indeed at the time of the inspection by the surveyor and the completion of the mortgage two weeks later, he was actually out of the country on holiday. A few weeks ago, Felix found a letter from Shark Finance Ltd threatening to repossess The Cottage due to Wanda and Harry falling behind with repayments. He is aware that Wanda and Harry s business is close to financial collapse.

Not surprisingly, Felix is shocked to hear of the existence of a mortgage and the threatened repossession proceedings and is greatly concerned about his home and also his share of The Cottage. I have checked the Register- Wanda and Harry are the legal owners and there is a charge ( mortgage) in favour of Shark Finance. There is no mention of Felix.

Felix is seeking advice on the following

1. As a result of his financial contribution at the time of the purchase and subsequent contributions, does he own an interest in The Cottage? Briefly advise on the likely share of any
2. If Felix does own an interest, will it take priority and what is the likelihood of him being able to successfully oppose anapplication to the court by Shark Finance for an order for sale?

END OF QUESTION 2

Question 3 (optional)

You must answer EITHER Question 2 OR Question 3

Email from your supervisor

From: Neville Eze

To: Trainee Solicitor

Date: Today File Ref: AC/001

Subject: Alexandros Charalambous- Apartment above Perrys (the Apartment)

Dear Trainee,

Alexandros Charalambous (who likes to be known as Alex) is a new client. He is having a few problems with the flat he is renting. Please see details below

I would like you to consider the issues, research the relevant law and detail your advice. If you need to refer to any relevant cases, then please provide party names and dates.

Alex has some very specific queries. For clarity can you please use the numbering in my attendance note in your e-mail.

Please can you consider each issue carefully and email me your advice. Details-

Tom Jones ( Tom) is the registered proprietor of the freehold property known as Perry House, a two-storey property located in Birmingham City Centre, close to Birmingham City University .

The ground floor of the property was adapted for retail use some years ago, but the first floor of the property has only recently been renovated and is now a residential property (the Apartment) .

Six months ago, Tom entered into an agreement (the Agreement) with Alex following which Alex moved into the Apartment. The Agreement includes the following:

1. This is a licence agreement.

2. The licensor, Tom , grants to the licensee, Alex, the right to exclusive occupation of the Apartment situated on the first floor of Perry House for a period of three years commencing today.

3. The licensor retains a key to the Apartment and the right to access the Apartment at any time for any purpose.

4. The licence fee is 1,500 per

5. The licensee must keep in repair the Apartment and all its

6. The licensee may not assign his interest in the Apartment without first obtaining the licensors written permission.

Alex moved into the Apartment immediately after the Agreement was made. At that time, Tom was using the ground floor as a retail outlet which opened Monday- Saturday 9.00am- 6.00pm however two months ago Tom converted the ground floor into Perrys, a late-night bar. The bar has been very popular since it opened. It has an outdoor smoking area( located directly below the Apartments bedroom window) and is open until 2.00am Thursday, Friday and Saturday. The noise generated by the bars sound system and use of the smoking area are significantly affecting Alexs ability to sleep.

Last month ,the boiler system in the Apartment stopped working .Since that time Alex has had no heating and no hot running water. Alex reported the problem to Tom , but Tom informed him that, under clause 5 of the Agreement, Alex had to fix the problem.

The problems do not end there; the Apartment has always suffered from damp and despite ensuring frequent ventilation- and even investing in a dehumidifier- Alex has noticed that mould has grown in the bedroom . This is becoming progressively worse and as an asthmatic, is causing him breathing difficulties.

When Alex reported this problem, Tom simply stated that the Apartment had always had problems because the building had been constructed with substandard materials. He reminded Alex that, under clause 5 of the Agreement, Alex was responsible for any necessary remedial work.

It should be noted that Tom has never attempted to access the flat and indeed has told Alex that he retained a key for emergency purposes only.

Having discussed these facts with Alex, I have been able to identify three specific points on which he requires advice-

• whether he has a lease or a licence. Please consider each alternative. Can you please detail the relevant law including cases- to assist me in advising Alex.

At this point, proceeding on the basis that he has a lease (I do not need any research completing on the basis it is a licence), please research and advise whether-

• Tom(owner) or Alex ( tenant) is responsible for repairing the boiler and resolving the damp problem

And

• the noise and disturbance generated by the bar breaches any implied landlord covenants.

END OF QUESTION 3