The option agreement was in writing and signed by both parties. The document provided that the option could be exercised by the service of a notice by 'B' to 'A'. A couple of years later, 'A' and 'B' quarrelled and, without 'B's knowledge, in , 'A' sold Oak Cottage to his brother, 'C' The purchase price 'C' paid for Oak Cottage was about half its market value. Last year, 'A's farm got into difficulties and his other brother, 'D' who was in Australia at the time , agreed to lend him a sum of money to help him out.
He lent him the money on condition that he could have a share of the farm if it was sold. Notwithstanding the loan, 'A's business continued to struggle and he has now decided to sell the farm to a neighbouring farmer, 'E' 'E' now seeks your advice as to whether he will be bound by any right or interest 'B' or 'D' may have and, if he is, if there is any way he could avoid these.
Would be great to have a bit of guidance on starting this! Follow 2 Follow 3 Follow 4 Any chance you could throw the help my way?
I have the exact same scenario haha! This forum is supported by: Can't stop stealing other girls' boyfriends. GF never initiates sex. Model House of Commons Replies: Start new discussion Reply. Pixiedust Follow 0 followers 4 badges Send a private message to Pixiedust Follow 1 Hi I am curently studying a degree level of law - subject of this assignment, land law and need pointing in the right direction.
In May , John completed the purchase of a piece of freehold land which was already registered. He found out that earlier in the year the previous owner has entered into a written contract with Steve granting Steve an option to purchase part of the land. I need to state what type of interest has been created, whether it was valid and if it binds John. Slow learner Follow 0 followers 0 badges Send a private message to Slow learner. Follow 2 There are three types of notice - actual, imputed and constructive.
If land is registered refer to S29 LRA and establish whether it should have been a registered charge, minor interest or overriding interest. If land is unregistered establish whether a legal or equitable interest and then apply section 52 LPA or maxim - equitable rights bind the whole word except a bona fide purchaser for value without notice.
Hope this helps and good luck. This forum is supported by: Can't stop stealing other girls' boyfriends. GF never initiates sex. This is also satisfied as the covenant is not personal but instead benefits the land. Thirdly, it must be the common intention of the parties that the covenant shall run with the land. Here the covenant was entered into post and there is no contrary intention. Accordingly the third requirement is satisfied. Moreover, the title of the land was registered at the time the covenant was entered into therefore the restrictive covenant must have been entered as a minor interest.
Accordingly, it seems that the burden of the covenant has passed to Philip. It will be necessary for Sarah to show that the benefit of the title has passed to her. At common law the benefit of a covenant can run with freehold land if certain conditions are satisfied. However the burden of a covenant cannot run with freehold land directly at common law. This condition is satisfied. Sarah can rely on the doctrine of annexation. This is whereby the benefit of the covenant is attached to the land and whosoever acquires the title of the land benefited by the covenant will also acquire the benefit of the covenant.
Mary is the original covenantor whose interest in the land is proprietary, in the form of a covenant between Leonard the original covenantee.
Sarah can sue Mary for breach of covenant under section 79 1 LPA , which provides that the covenant can not only be binding on successors in title but that the original covenantor is liable for any breaches by successors in title.
However when Mary assigns the reversion of her plot to Oliver the burden might be transferred over to him under the Landlord and Tenant Covenants Act Accordingly, all obligations of landlord and tenant automatically pass when the lease is assigned BHP Petroleum v Chesterfield Properties. However there is no indication of whether Oliver had notice of the covenant between Leonard and Mary.
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Our work is high quality, plagiarism-free and delivered on time. Registered Data Controller No: Accounting essays Architecture essays Business essays Coursework Economics essays Education essays Engineering essays English language essays English literature essays. Medicine essays Miscellaneous essays Psychology essays Religious studies essays Science essays Sociology essays Essays menu. Sarah and Philip Philip is not the original covenantor but instead a respective successor.
Sarah and Mary Mary is the original covenantor whose interest in the land is proprietary, in the form of a covenant between Leonard the original covenantee. About this resource This Law essay was submitted to us by a student in order to help you with your studies.
Land Law Essays. The selection of land law essays below have been submitted to us by students in order to help you with your studies. Please remember to reference giruvakone.ml if you wish to cite any of these essays in your own work.
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Land Law Essay The statement ‘Cuiusestsolemeiususque ad coelum ad inferos’ (‘Whose is the soil; his is also that which is up to the sky and down to the depths of the earth’) is inaccurate and gives a misleading indication of the rights of the owner of the fee simple absolute in giruvakone.mls. Introduction: Land has [ ]. Hi I am curently studying a degree level of law - subject of this assignment, land law and need pointing in the right direction. In May , John co.