Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Fred, Nima and Penelope purchased 20 Main Street in London (the Property), title to which is registered, in 1990 after they graduated from university. Fred

Fred, Nima and Penelope purchased 20 Main Street in London (the "Property"), title to which is registered, in 1990 after they graduated from university.

Fred contributed 60 per cent to the purchase price, while Nima and Penelope each contributed 20 per cent, respectively. The transfer stated that they purchased the Property as joint tenants in law and equity.

As they subsequently moved to other parts of the country, Fred, Nima and Penelope allowed Zaheer to occupy the Property. Zaheer has been living at 20 Main Street for a long time and currently has a written "LicenceAgreement" for a term of 5 years, expiring in 2023. ThisLicenceAgreement states that additional occupiers can be introduced, but Zaheer has always lived alone at the Property.

Fred and Nima married in 1995. Their relationship was a stable and loving one. Nima was a successful businesswoman. However, in 2018 she was diagnosed with a progressive, and incurable, disease.

In 2019, Nima arranged to end her life through an assisted suicide clinic in Switzerland. Fred (who had been married to Nima for over 25 years) was initially against his wife's decision to travel to Switzerland and actively discouraged her. Fred ultimately respected his wife's wishes and travelled with her to Switzerland. Nima was deemed to have the requisite mental capacity to decide to end her life.

On his return to the UK, after Nima's death, Fred reported his wife's death to the police. The Crown Prosecution Service were deciding whether to prosecute Fred, but Fred himself then also died in 2019.

In addition, Zaheer mentioned to Penelope last week that he is annoyed that theneighboursare crossing the garden of the Property to get to the train station. This is the first time that Zaheer has mentioned this. Zaheer says that he has been fine with the next-doorneighboursdoing this 'over the past years' because he says he thinks it isneighbourlyto allow theneighboursto use the shortcut to the station. However, more recently, theneighbourshave not been shutting the garden gate after them. This has annoyed Zaheer and he has locked the garden gate preventing theneighboursfrom entering the garden. Penelope is now interested in selling the Property following the deaths of Fred and Nima.

Advise Penelope on the following issues linked to the sale:

1) Whether she is solely entitled to the Property following the deaths of Fred and Nima.

2) Whether Zaheer would be entitled to remain in the Property following a sale of the Property - it will be easier to find a buyer if the Property is vacant.

3) Whether theneighbourshave a right to continue crossing the garden, as this may also deter buyers.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Intermediate Microeconomics

Authors: Hal R. Varian

9th edition

978-0393123975, 393123979, 393123960, 978-0393919677, 393919676, 978-0393123968

Students also viewed these Law questions