Grace owns a pig farm in Lincolnshire which she has been running with her brother Graham. On Graham's death in 2005, the ownership of the farm passed to her but has found it too much for her to manage alone. She speaks to her son Karl and asks him to move back home to help with the farm. Karl is working in Birmingham in an accountancy firm with prospects of partnership. Grace tells Karl that the farm will be his one day so it is in his interests to help keep it going. Karl gives up his 60,000 a year job and prospects of partnership and moves back to the farm. He lives rent-free in the farmhouse with Grace and works on the farm for a minimal salary. Karl also upgrades the farm over the next few years using his own savings as Grace tells him she has left it solely to him in her will. In May 2019, Grace leases some of the farms land to Katia to run a riding school and has granted Katia permission to ride across the remaining farmland. Grace agrees to sell Katia the freehold of the land for 300,000. Katia wants to negotiate a lower purchase price but says she will buy the land as long as she can obtain planning permission for a house and new buildings for the riding school. Grace dies in early June and in her will leaves the entire estate to the National Trust. Explain the natures of interests in real property and advise Karl and Katia whether they can enforce the arrangements made with Grace. In the case of Katia this would include the sale of land and continuing lease and licence rights that may exist.

Your notes should:

Compare and contrast between legal and equitable interests in land.

Differentiate between personal and proprietary interests.

Explain different types of licences and ownership.

Explain the meaning of proprietary estoppel.

Analyse the conditions for its creation.

Examine available remedies.

Analyse how licence differs from lease.

Examine presumption of reliance.

Assess the rationale for specific protection afforded to real property.

JURISDICTION: ENGLAND AND WALES