Thursday, October 17, 2019

Land law Essay Example | Topics and Well Written Essays - 1500 words - 5

Land law - Essay Example After the purchase of the land, certain claims were made by different parties, to which Glen was presumed to be unaware of. In this paper, various aspects as relevant to the justification of the claims, under the provisions of Land and Property Act 1925, Law of Property (Miscellaneous Provisions) Act 1989, Land Registration Act 2002 and Rent Charge Act 1977, will be discussed. Accordingly, following the elaboration of every detail related to the claims made, Glen will be adviced that are binding with the property. Subsequently, claims made unjustifiably will also be explained in a rational way hereunder. Discussion The Nature of the Interests Claimed After the purchase of Rosebud Cottage by Glen, Abdullah approached Glen and stated that he had a contract with Clifton and Barbara previously, which Glen was incidentally unaware of. However, the contract amid Clifton and Barbara and Abdullah was withdrawn by Abdullah himself due to low price. Subsequently, Abdullah is claiming that the contract made between Clifton, Barbara and him, should be compensated by Glen. The claim made by Abdullah in this context can be affirmed as inappropriate as the contract was between him and Clifton and Barbara. ... It was when Henrietta came to know that Glen has planned to expand the property by further two-storey extension, she claims her rights as per the provisions prescribed for restrictive covenants as per the Land Registration Act 2002. In this regard, Henrietta stated that the property is subjected to restrictive covenant rights, which signifies that there can be no modification in the property without her approval. Conceptually, a restrictive covenant is recognised as a promise imposed by one individual to another to restrict buyers from causing harm to the land purchased as per the Law of Property (Miscellaneous Provisions) Act 1989. In this respect, Henrietta as a covenant has a right to restrict Glen from altering the property [Crest Nicholson Residential (South) Limited v McAllister [2004] 1 WLR 2409]3. However, Henrietta is required to possess a written deed stating that she is entrusted with the provision of ensuring the protection of the property from harm on the basis of seller 4;5. Chelsea is the third individual making a claim to Glen that the property has been leased to her for a period of three years. In this regard, she also produced a document with the signature of Clifton and Barbara that it was signed in the month of July in the year 2013 and that the lease period will commence from 1st January 2014. The lease agreement with Chelsea implies that the real property has been transferred to her for a term of three years. In this respect, Glen may lose the property but could adopt certain legal measures and steps with the intention of obtaining compensation on the paid amount i.e. ?250,000 in the property transaction with Clifton and Barbara apart from enforcing other related

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.