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LAND LAW U.K (British)

ESSAY BRIEF:
You are a trainee surveyor working in the management team at Bristows, a national firm of surveyors. You receive the following email from your supervisor, Jacob Hardy. From: Jacob.Hardy@Bristows.co.uk To: Trainee@Bristows.co.uk Re: Harriet Muller Harriet Muller and her family have been clients of Bristows for years. Harriet is having some problems with her business premises Unit 4A Forest Business Park, Wychwood, South Oxfordshire (Unit 4A) and Id like you to help me out with some initial advice. 1 In 2006 Helen Waller bought the registered freehold to Unit 4 Forest Business Park. It was a large unit so she decided to subdivide it to create two smaller units. She occupied Unit 4A for her own business of selling coffee making equipment and coffee beans for wholesale. She let Unit 4B on a 5 year lease to Chris Matchman. Soon after Helen built a large garage in the yard at the back of Unit 4A and parked her car there every day. The garage could be accessed directly from the main road. About a year after moving in Chris asked Helen if she could also park her car there and as there was plenty of space Helen agreed to this. No mention was made of this in Chris lease. 2 In 2011, when Chris lease expired, her business was doing so well she asked Helen if she would consider selling her Unit 4B. Helen agreed to do so. No mention was made of the right to park in the transfer deed. Chris became the registered freehold proprietor of Unit 4B. 3 In 2012 Helen sold off her business and Unit 4A to our client, Harriet who became the registered freehold proprietor. Chris continued to park her car in the garage after the sale of Unit 4A to Harriet who made no objection as there was plenty of room to accommodate both cars and Harriet got on well with Chris. 4 Harriet was disappointed earlier this year when Chris sold Unit 4B to Mary Knowles who then became the registered proprietor. Chris said to Harriet she thought their businesses would complement each other well as Marys business involved cookery equipment. 5 Mary moved into Unit 4B last month and continued to use the garage to park although there was no mention of any right to park in the transfer deed between Chris and Mary. She has also started using the garage to store boxes of stock. Last week she discovered that Mary was also selling coffee making equipment and was advertising coffee tasting sessions for local caf owners. Harriet was so cross about this that she decided she did not want to let Mary park in her garage any more so she changed the locks to the garage. However, yesterday Mary asked her for a set of keys and she said Harriet could not prevent her from parking in the garage as Chris had told her that Unit 4B benefitted from a legal right to do so. She also said that in any event she intended to claim ownership of half the garage through adverse possession. 6 Harriet would like to know if Mary has a legal right to park and if so when it was created. Although Harriet knew that Chris was using the garage to park when she bought the unit 4A from Helen, she does not remember seeing any mention of any such right in the register entries of either Unit 4A or Unit 4B so she assumed it was just a personal licence. She would also like to know if Marys claims of adverse possession have any legal basis. 7 On a separate matter, last year Harriets brother lent her 15000 to help her business which was struggling. Harriet wrote her brother a letter, which she signed, in which she confirmed that Unit 4A was to be used as security for the loan and then placed the letter with the deeds for the property. Harriet would like to know what rights, if any, her brother has in Unit 4A as a consequence of the loan. I think well end up getting lawyers involved in this, but Harriet would like our views first as she doesnt want to end up paying legal fees if these claims have no basis. Can you look into this for me and let me know your thoughts? Thanks, Jacob Hardy Property Manager.

FORMAT OF ESSAY: Coursework 1 should be submitted in word processed format and should be presented as a work report to your supervisor in the form of an internal memorandum. You should use the following headings to structure your report: -FACTS; -ISSUES; -LAW AND APPLICATION OF LAW TO FACTS (you may deal with these as two separate headings instead, if you wish); -CONCLUSION. You should also include a Sources List at the end (see below). Case references/legislation Where you refer to cases, the full case reference should be cited in the body of the report. The case name should be in bold and the reference in normal text i.e. R v Turnbull [1977] QB 224. You must not use italics or underline any part of the citation. If you refer to the same case more than once, you do not need to cite the reference again, you can just give the names of the parties. If you cite a provision from a piece of legislation, you must cite it in full in normal text in the body of the report. You may then define the act i.e. s. 1 Law of Property Act 1925 (the LPA 1925) and just use the defined term thereafter i.e. s.1 LPA 1925. Do not use italics or underline the citation. Footnotes You should not use footnotes as Coursework 1 is intended to be presented in the style of a work report and footnotes are therefore not appropriate. This should show which sources you have used in your report, e.g.: Real Estate Management Law by Card and Murdoch, LexisLibrary, Legislation as cited, Case authority as cited, Lecture Handouts. There is no requirement to set out your sources in detail.

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