Question
1. Four residents of Stopford Street seek your advice in relation to the facts below. a. In 2021 Marianne, who was the registered freeholder of
1. Four residents of Stopford Street seek your advice in relation to the facts below.
a. In 2021 Marianne, who was the registered freeholder of Number 78 Stopford Street, covenanted with Nathaniel in a deed that she would never open a shop on her property. At the time of the covenant, Nathaniel was the registered freeholder of Number 76 Stopford Street. However, in 2023, Marianne sold Number 78 Stopford Street to Olive. In the same year, Nathaniel sold Number 76 Stopford Street to Percy. Olive now wants to open a shop at her property but Percy wants to prevent her from doing so.
In 1994, Roland bought the freehold of Number 80 Stopford Street. Ever since he bought the property, Simone who owns the freehold at Number 82 Stopford Street has stored coal in a shed on Roland's property. However, Roland recently requested that Simone clear the coal out of the shed.
Tilly owns the registered freehold of Number 84 Stopford Street. She recently carved out a new registered freehold from the property, selling the cellar to Ursula. In advance of the sale Tilly and Ursula agreed that the cellar would be used as a bar. Ursula now wishes to run ventilation shafts up through Tilly's property in order to meet the Local Authority requirements for use as a bar. Tilly is trying to prevent the ventilation shafts from being installed.
In 2021, Florence bought Number 104 Stopford Street. In 2022, she leased her large back garden to Eric for one year so that he could start a horticultural business. There is a separate gate to the back garden for Eric to use but Eric regularly used a shortcut across the driveway of Number 104 Stopford Road. Eric's horticultural business has proved successful. In 2023, Florence and Eric entered into a new three year lease over the back garden of Number 104 Stopford Road. Unfortunately, Florence and Eric have now fallen out and Florence now wants to prevent Eric from accessing the back garden from the driveway of Number 104 Stopford Road.
Advise Percy, Roland, Tilly and Florence on their rights in relation to these circumstances. PLEASE USE IRAC FORMATTING TO HELP WITH THIS QUESTION IN SOMEWHAT ESSAY FORMATTING AND INCLUDE RELEVENT UK CASE LAWS ABOUT LAND LAW
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