Question
Drew Park is a large estate comprising the main house, a cottage, and a wooded area used for recreational mountain biking. Engelbert is the registered
Drew Park is a large estate comprising the main house, a cottage, and a wooded area used for recreational mountain biking. Engelbert is the registered owner of the freehold interest. In June 2019, he decides to let out the cottage on short-term holiday lets, with the cottage appealing to those with a mountain biking interest. Guests staying at the cottage have full use of the wooded area for biking. Next to the cottage is a parking area, which has two spaces. Since there is no vehicle access to the main house, Engelbert parks his car in one of the spaces next to the cottage, with the other space being used by guests at the cottage. In February 2021, Fahim stays in the cottage and enjoys his stay so much - particularly the opportunity to go mountain biking in the wooded area - that he offers to buy the freehold interest in the cottage for 300,000. Engelbert agrees, and in March 2021, Fahim becomes the registered freeholder of the land at the cottage. Nothing is said in the conveyance about the right to access the wooded area (which remains part of the main estate), or Engelbert's right to park his car at the parking area (which is clearly marked on the title plan as part of the cottage ownership). A year later, Engelbert sells his freehold interest in the estate (comprising the main house and wooded area) to Geraldine, for 1,000,000, who is now registered as proprietor. Geraldine objects to Fahim using the wooded area for biking. Fahim objects to Geraldine parking her car on his land. What Advise to give to Fahim and Geraldin.
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