Land Law HELP!.?
Chloe R asked the question:
Could someone please help me with this…..
Three weeks ago, Farmer Field, who was the proprietor of Meadow Farm, sold and transferred his property to Mr Corn. At the time of the sale the land was unregistered. Mr Corn is an organic food specialist and he intends to open a small café in the grounds of his new home.
(1)Last week Mr Corn received a letter from a neighbour, Mr Potter who had heard of his business plans. Mr Potter claims that thirty years ago when he sold the land to Farmer Field, an agreement had been entered into upon sale, that Farmer Field would use the premises for residential purposes only. He contends that the agreement is binding on Mr Corn and consequently he must refrain from opening the café on the premises.
(2)Whilst taking his first tour of the grounds, Mr Corn discovers two other people in occupation of his land. Mr Leek, who is occupying a small flat located behind the stables, claims to have a monthly tenancy granted three years ago; and Mr Root, the local mechanic, produces a letter showing that he has a 25-year lease of an outbuilding in the grounds. Both parties claim that their agreements with Farmer Field are also binding on Mr Corn and refuse to vacate their respective premises.
(3) Heather, a neighbour, has produced a document, signed by Farmer Field, dated January 2004, whereby Farmer Field, in return for a payment, granted Heather a right of way to her property over a driveway across Meadow Farm.
(4)Just when Mr Corn thought that things could not get any worse, Daisy, Farmer Field’s grandmother appeared on his doorstep. She was shocked to discover that Farmer Field had sold her beloved Meadow Farm during her absence. She informs Mr Corn that she paid one third of the purchase price when Meadow Farm was purchased nine years ago, and has lived there ever since. She has been in Wales for the past 6 months looking after her sick brother.
You must advise Mr Corn on whether or not he is bound by these third party rights. You are to provide the requested advice, explaining fully all the legal issues that arise.
Do not assume that each part of your answer carries equal marks. You should use your discretion as to how many words you devote to each issue.
Chloe,
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Filed Under Law & Ethics |
Tagged With Grandmother, Premises, Thirty Years
Comments
2 Responses to “Land Law HELP!.?”
its his because he bought it
Mr. Corn is not bound by any agreement that is not recorded in the deed records. While those agreements should be binding as between Farmer Field and the other parties, they are not binding on a bona fide purchaser for value — Mr. Corn.
If the agreements have been recorded, then it depends on the language of the agreements and whether the agreements “run with the land”. For an agreement to run with the land, the agreement must “touch and concern the land” (it must increase the use or value of the land benefits, or decrease the use or value of the land burdened), the parties must intend that the covenant will run with the land; and there must be privity of estate.
Mr. Potter: if the restriction to use the property for real property only is not in the deed of conveyance, it is not enforceable.
Mr. Leek: it’s a monthly tenancy. Give notice to vacate, then sue to evict.
Mr. Root: a 25-year tenancy must be in writing and, further, if it is not recorded, it is not binding. Give notice to vacate and then sue to evict.
Heather: same issue on recording the easement. In addition, Heather must have some right of ingress and egress other than the easement, because land without ingress or egress cannot be sold.
Daisy: paying a part of the purchase price does not an owner make. It could just as easily been considered to be a loan.