PART A
Critically analyse the distinction between claims to adverse possession in
relation to registered and unregistered land.
Use case law examples and legislation in your answer.
(2000 words)
(50 marks)
(LO’s 1-4)
PART B
Read the following scenario carefully. Then answer the four questions,
questions 1-4, under the scenario. You must answer ALL four questions. (2000
words)
Two documents, Annex A and Annex B, form part of this document analysis
paper - please ensure that you download and read BOTH Annex A and Annex
B.
SCENARIO
Bob Bradley (‘BB’) bought Grange House (registered land) from Collin Clarke
(‘CC’) last year. The family of CC had lived in the property for several
generations.
Grange House was bought by BB with the intention of using the property for
both residential and business purposes. BB planned to run his start-up printing
business from Grange House. In preparation for running the business from
Grange House, BB spent money on equipment, vehicles, a website,
advertisement and company incorporation.
BB has now been told by CC that the conveyance contained a covenant that the
property should be strictly used for residential purposes only. CC said the
covenant had existed since his great great grandfather first obtained the
property in 1910. CC did not say anything further. BB now regrets buying the
property. BB is angry because the firm of solicitors who acted on his behalf did
not tell him of the existence of such covenant.
Page 4 of 9
BB said that the property was particularly attractive to him because of the large
storage unit (see plan – ANNEX B) located within the boundary of the property
where he intends keeping his printing equipment.
Initially BB planned to use two garages, Garage A and Garage B (see plan –
ANNEX B) close to the property to keep his printing equipment This is currently
not possible because Garage A is currently occupied by a local known as Dave
Daniel (‘DD’) who uses it as a workshop. Though there is no paperwork, DD
pays £600 per quarter for the use of Garage A. BB is not happy with this
arrangement and will like to terminate it.
BB’s plan for the future is to develop a purpose-built unit on the grass land near
the large storage unit. The purpose-built unit will be used by BB’s printing
business. BB chose the location of the purpose-built unit because it will permit
vehicular access to the purpose-built unit without having to use the driveway of
the house.
The problem is that the grass land in which the purpose-built unit is situated is
used by Emmanuel Edwards (‘EE’) to graze his rabbit and another neighbour,
Flora Faye (‘FF’) to graze her pig.
When BB is ready to commence development of the purpose-built unit, he wants
to discontinue the grazing animals on the grassland. CC told BB that EE’s
grandfather had an informal oral (no documentation) arrangement which started
around 67-years ago to graze animals on the land. EE has since then been
using the grassland for grazing.
In relation to FF, she asked CC if she could graze and keep her pig on the land
and CC agreed. FF currently pays £50 monthly.
Another problem is that FF erected a barrier and padlocked the area connecting
her house with the grassland. This is a serious concern for BB because,
although he has yet to obtain planning permission, this is the area along the
path where BB intends to run the access route. FF did not ask CC whether she
could erect a barrier. The barrier was erected soon after the agreement in
respect of using the grassland to graze her pig. CC did not object.
You are a trainee in the firm Arden LLP. Alice Adams, your supervising partner,
has passed you Official Copy of Register of Title of Grange House (ANNEX A)
and a hand drawn plan of the property (ANNEX B).
Page 5 of 9
With reference to relevant case law and statutory provisions, advise BB on the
following:
- Whether BB will be bound by any covenant and if so, whether the
covenant can be removed.
(20 marks) - By considering the status of DD, whether a vacant possession of Garage
A can be obtained.
(10 marks) - By considering the status of EE and FF, whether a vacant possession of
the grassland can be obtained.
(10 marks) - As regards the area of the land FF erected a barrier and padlocked, does
she have a claim to the land? If so, can the land be recovered by BB?
(10 marks
Sample Solution