MGMT 251 INTRODUCTION TO REAL ESTATE LAW-UWI OPEN CAMPUS

Bradley has recently completed his UWI courses in Real Estate Law and Real Estate Management. Since then, he has launched a successful property development business.

Bradley and his girlfriend, Carmen, acquired an acre of land. Their deed contains no words of severance. Bradley contributed 80% of the purchase price while Carmen contributed the remaining 20%. It was agreed between them that Bradley would be responsible for managing the business.

Bradley has subdivided the land into 8 lots. He has enclosed the property with the intention of turning the development into a gated community with luxury homes called "Luxurium Estates". He advertises the lots for sale in the newspaper.

Jacintha Jacintha contacts Bradley expressing her interest in purchasing Lot 1. Bradley sold Lot 1 to her and in the Deed, there are the following restrictive covenants:

(a) not to carry on any trade, business or profession on the land. (b) to pay half of the cost of maintaining the shared drive; (c) to pay half of the cost of any maintenance needed to the landscaped area; (d) not to allow children to live at any house built on the land. Two months later, Jacintha sold Lot 1 to Sarah. Now Sarah has started a bed and breakfast business from her house, having obtained planning permission for the change of use and since several other commercial businesses have popped up in the area. She is refusing to make any payments towards the cost of maintaining the driveway and the landscaped area as she says that she does not use it and it is some way from the house. She has six children who all live at Lot 1.

Advise Bradley who wishes to take action against Sarah to enforce the covenants.

Andrew Bradley employs Andrew as his property manager to oversee the development and attend to the needs of the residents. As part of his job duties, Andrew is required to be available 24 hours a day. In order to ensure Andrew's availability, as part of his remuneration package, Bradley permits Andrew to stay in a small one-bedroom studio in the development. Approximately 3 months after hiring him, Bradley is dissatisfied with Andrew's performance and fires him and asks him to leave the property within 7 days. Andrew has refused to vacate the apartment, claiming that he is a tenant. Advise Bradley as it relates to whether Andrew is a tenant or licensee.

Carmen/Troy Carmen falls ill suddenly and shortly afterwards, she passes away. Within 3 days of her passing, Bradley receives a call from a gentleman named Troy who claims to be Carmen's son. Troy produces a will signed by Carmen leaving all of her interest in Luxurium Estates to Troy. Troy demands that Bradley pays to him 50% of the value of Luxurium Estates, which he claims represents Carmen's interest in the property. Bradley refuses, stating that he has poured all of his life's savings into the development. One day, Troy visits the Luxurium Estates office located within the development in order to speak with Bradley, since he feels like Bradley has been ignoring his calls. The AC Unit nearest to the door had been leaking all morning and the floor was wet and slippery. Bradley intended to put out 'wet floor' warning signs, but he was so busy that he forgot. Troy walks across the wet floor and slips, fracturing his wrist. He is now asking Bradley for compensation for his injury. Advise Bradley on Troy's claim to a share in Luxurium Estates and whether he is liable to compensate Troy for his injury.

Liz/Dexter Rather than selling Lot 3, Bradley decides to rent it to Liz. Within 2 months of moving into her new home, Dexter, who owns a house right outside Luxurium Estate, decides to make a pig farm. Every Friday and Saturday night, he sells roast pork from his house and plays loud music on the speakers from 3:00 PM until 1:00 AM the next morning. Lot 3 is located closest to Dexter's property. Liz has complained to Dexter consistently about the scent emanating from his pig farm. The smoke from the roast pork on weekends wafts into the house, forcing her to keep all of her windows closed. Liz has a 2-month-old baby, and the loud music makes it difficult for her and her baby to sleep at night. Liz is frustrated and tells Bradley that if this continues, she will be forced to terminate the tenancy and leave Luxurium Estate. When Bradley visits Lot 3 to inspect the property and investigate Liz's complaints, he notices that Dexter's pig farm is encroaching on approximately 300 square feet of land forming part of Luxurium Estate. Bradley points this out to Dexter, but Dexter ignores him. Bradley wants to retain Liz as a tenant, as he needs the rental income.

Advise Bradley of his legal rights and remedies against Dexter.