Question
Jacinda was the owner of two adjoining houses, Appleview House [A] and Buckleberry Manor [B]. Behind A there was a large well-kept garden which contained
Jacinda was the owner of two adjoining houses, Appleview House [A] and Buckleberry Manor [B]. Behind A there was a large well-kept garden which contained a swimming pool and a large shed. Behind B there was a large, neglected garden.
Jacinda occupied A and, five years ago, she invited Raphael, an artist friend, to occupy B rent-free. Jacinda erected a gate in the fence that separated the two gardens to enable Raphael to use the swimming pool as well as to store his canvases in the shed for which Jacinda had no immediate use. Jacinda, a keen gardener, cleared the bottom of the garden of B, laying out flower beds and making a small paddling pool for her children.
After two years Raphael was making a good income from his paintings and Jacinda granted him a five-year lease of B at a rent. Recently relations have broken down between them. Jacinda has told Raphael to stop using her swimming pool and to remove his canvases from the shed in order to make room for Jacinda's new motorbike. Raphael has retaliated by refusing to allow Jacinda to enter the garden of B.
Advise Jacinda.
answer using the irac method and using relevant case laws and legislations to support the anwer
talk on the following 3 easements:
1.right of storage in the shed
2. right to use the swimming pool
3.the right of way to garden b
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