Question
identify issues and potential resolution on the legal issues that appear in the scenario below: by property law Patrice Bourgeois (known locally as Paddy) bought
identify issues and potential resolution on the legal issues that appear in the scenario below: by property law
Patrice Bourgeois (known locally as Paddy) bought a house ('Dunroamin') in 1980.He has just sold it to Demelza Kernow.Demelza plans to extend Dunroamin and use it for business purposes - she wishes to keep bees, produce honey and sell it on the internet.When she mentioned this to her neighbour, Tamara, Tamara told her that all the land in the area was once owned by the Duke of Cottingham who, when he sold his estate in 1922, imposed a covenant restricting the buyer from using any of it for business purposes.Later when houses were built on the land in 1975, the developer also imposed a restriction. The 1975 covenant preventing the buyers from making alterations or additions to the houses.
Demelza has just bumped into Boris Johnson in a pet shop in town.Boris told her that she had no right to be in Dunroamin as Paddy had contracted to sell the house to him when they were in the local Conservative Association Christmas Party last week.He was going to see his solicitor to have Demelza 'thrown out' of the house.On returning home, Demelza discovers Paddy's mother in the property.She has just returned from holiday and is unaware that Paddy has sold the house.She insists that she has a right to be there and that Paddy had no right to sell a property to which she had devoted so much of her time and money.Just as Demelza is trying to grasp the significance of this latest development, ten members of a local cheese tasting society arrive, truckles in hand, for their regular monthly meeting that Paddy allowed them to hold at Dunroamin.
Advise your training supervisor on the legal issues arising here and how they might be resolved, if the title to Dunroamin is:
a)unregistered, and
b)registered.
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