Please answer BOTH scenarios (please note that the two questions below
will have equal weight of 50% for the overall mark of this assessment), with
reference to relevant statute and case law.
Please remember that you need to apply the law (and discuss this
application analytically) to the facts below, rather than offer whatever
comes to mind as to the relevant law and jurisprudence on the legal
matters arising:
Scenario (1)
A year ago Alf inherited a large house, which he decided to convert into three
flats to rent out. He made the following arrangements:
(a) He converted the two bedroomed ground floor flat and on 1st of May
signed a document titled a licence with Bella giving her the right to occupy
the flat for a payment of £400 a month for 2 years. On the 2nd of May he
signed another document titled a licence with Charles giving Charles the
right to occupy the flat with Bella, or any other person whom Alf should
select. The payment for this second licence was £450.
(b) Alf completed the conversion of a small one bedroomed attic flat and gave
David and Eva a ?licence’ to occupy it at a fee of $500 per month for a
year. They both signed identical licence agreements, which bore the same
dates. The licence agreement also reserved the right to Alf to nominate
another occupier, or to occupy the flat himself. Eva recently vacated the
flat, since when Alf has accepted a £250 fee per month from David.
(c) Although the conversion of the basement flat is unfinished, Alf’s niece
Fiona, recently separated from her boyfriend and with nowhere to live,
moved in last month and is paying rent of £30 per week. Alf has kept a key
to the flat in order to supervise the workmen and has entered the premises
a few times.
Alf has now received a very attractive offer for the freehold of the house from
George.
Advise George as to whether he can obtain vacant possession of the flats.
Scenario (2)
In 1990 Leonard was the freehold proprietor of “Lushland”, a rural estate of 3,000
acres, the title to which was registered. On “Lushland” he grew trees and plants,
which he sold to the manufacturers of herbal remedies and teas.
In 1995 Leonard sold Mary a plot of 50 acres, with a covenant that Mary would
use the land “for environmentally friendly purposes only”. Mary also covenanted
to plant and maintain a line of trees along the boundary between her land and
“Lushland”.
In 1997 Leonard sold Ned a plot of 100 acres, with a covenant that he would not
use the land for commercial purposes.
In 2000 Mary granted a legal lease of her plot to Oliver for 50 years. Oliver has
recently cut down a number of trees on the boundary with “Lushland” to construct
several large sheds. He is carrying on a business repairing agricultural machinery
and farm vehicles in the sheds.
In 2007 Ned sold his plot to Philip, who has built log cabins on the land, from
which he is running a yoga and alternative-healing centre.
In 2009 Leonard died and left “Lushland” to his daughter Sarah in his will.
Advise Sarah as to the enforceability of the covenants.
and just to confirm this is English land law
