Property law essay style question – 2,475 words maximum excluding references/ appendices. Assessment brief – Read the scenario in detail and then answer the 4 questions in full with use of ILAC (Issue, Law/ principle, Application, Conclusion). It is important that you explain the use of law and the reasons for applying it to the scenario. More than important that you refer back to the when answering the questions. This is based on UK Law. Please use oxford referencing method and use a range of statutory provisions, case law and books where possible. Explain what certain technical law terms mean etc and got into detail. provide an appendices/ bibliography. Plagiarism report needed. Scenario Emily was a secured tenant of a house owned by Wulfrun City Council. The value of the house was £79,500. As a result of her previous occupation of this house as a secured tenant, Emily with her daughter, Sian, bought the house at a discount at £50,085 and they let the house to a tenant. Sian paid £3,400, £43,000 came from a mortgage loan and Emily paid the remainder. Since the mortgage loan is taken out in their joint names and they are jointly and severally liable for repayment they have an equal interest to the extent of the mortgage loan. The mortgage is paid from rental income which is paid to Emily. Sian claims a joint beneficial interest in the house. Emily also bought a large farm, a registered freehold property, called Longacres Lodge from Karen. At the time of the purchase, Emily’s solicitor made an official search of the register and obtained a clear result. Unfortunately, the search was carried out by an inexperienced clerk and failed to reveal a restrictive covenant correctly registered against the land for the benefit of the adjoining farm owned by Daniel. The covenant stipulated that no trade or business other than farming might be carried out in Longacres Lodge. When walking over the farm on the day after Emily was registered with title, she found Jiand who claimed to have been paying rent to Karen for the last two years under an agreement that he could live in the cottage for six years. Jiand produced a written record of the agreement typed on a plain piece of white paper. Emily also discovered that Ben, the owner of the holiday cottage adjacent to Longacres Lodge, parked his car in her farm land. Ben has informed Emily that he has been doing so for many years. Questions 1. Critically analyse whether Sian should have a joint beneficial interest in the house. 2. Critically analyse whether, if at all, Emily is bound by Daniel’s rights and how will your answer differ if the title to the property is unregistered? 3. Critically analyse whether Jiand’s agreement is likely to constitute a lease. 4. Critically explain whether Ben is entitled to park his car in Longacres Lodge.
