LAND LAW SUMMATIVE

LAND LAW SUMMATIVE
Read the following scenario and answer all six questions:

For the last thirty years, Edward Mullett has been the sole Registered Proprietor of Columbus Farm. Edward retired from farming last week and sold Columbus Farm to his long-time friend, John Adams for £750,000. Because he thoroughly trusted Edward, Adams did not employ a solicitor to do his conveyancing. You are now consulted by John Adams who is highly concerned to discover the following third parties all claiming an interest in Columbus Farm.
In each of the following cases identify the nature of the interest in Columbus Farm (a registered title) being claimed, and whether (or in what circumstances) it will be binding on John Adams.

(i) The interest(s) of Edward Mullett’s wife, Susan. Susan was not a legal owner, the farm being in Edward Mullett’s sole name, but she has been living on the farm with Edward and now refuses to move out. Thirty years ago she paid the original deposit on the house from her own savings. On the day of completion of the sale to John Adam she was in hospital having an operation.

(ii) The interest of Jayasuriya, to whom Edward Mullett had recently granted a right to exclusive occupation of a cottage on the farm by deed for a period of seven years

(iii) The interest of Edward Mullett’s neighbour, Gunawansa, to whom Edward granted a right of way over his driveway “for as long as you may live”

(iv) The interest of Maria, Edward Mullett’s 22 year old daughter, who occupies the attic room in the main farmhouse (15 marks).

(v) The interest of Ajala who at the date of his lease was also given a right to buy the freehold of a second farm cottage at any time over the next two years for a sum of £100,000

(vi) The interest of Rebecca, to whom Edward Mullett had granted, for a peppercorn rent, a 20 year lease by deed over a cottage on the farm on 18th October 2003

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