Scenario:

Dominic is a coal merchant. He inherited the long-established business in 1980 from his father. The business operates from a farmyard and outbuildings and Dominic lives in the associated farmhouse with his wife Felicity. The farmland was sold off separately, before Dominic's father purchased the property in 1953.The property has an adjoining paddock with its own access directly onto the road. There is also an area of open land measuring about two acres of which a small part shares a boundary with Dominic's land.

Dominic and Felicity accepted an offer to sell the property in its entirety to Mo, a successful financial adviser. Prior to purchase, Mo, rather sensibly, had the property surveyed.

Dominic told the surveyor that he had been in possession of an area of open land adjacent to his property, and measuring about two acres, for well over ten years. He said that he had used it for grazing livestock, storing materials and keeping a caravan. He intends for this area of land to be included in the sale.

Prior to completion of the sale Mo applied for planning permission for a detached house to be built in the paddock and intended to turn the open land into an orchard at the bottom of a new garden area.Planning permission was granted.Following completion of the sale the following issues have arisen:

1. The farmer from the adjacent farm complains that for the last 23 years he has traversed the paddock several times per week, with tractors and other farm machinery, to gain access from the road into his adjacent fields. He says that his father used this access route before him and had done so since before he sold the paddock to Dominic's father. He has no paperwork to demonstrate 'a right of way' but he has the witness evidence of an elderly farm worker.

1. The farmer also claims that the open land adjacent to David's land belongs to him, not Dominic and that he had title deeds to prove it.

1. Pete is a veteran of the Falkland's war. He was traumatised by his experiences there and has suffered from PTSD ever since and has never managed to return to normal civilian life. Pete is an old school friend of Dominic's, and Dominic allowed him shelter in one of his barns free of charge. Pete would come and go at will but spent about 50% of each year sheltering in Dominic's barn. Pete was not there when Mo's surveyor visited the property so there was no mention of him in the survey. Pete turned up one week before completion of the sale, and Dominic was not aware of his presence during that last week. Mo wants to move him on, but Pete complains that this has been his main home since he was discharged from the Army after the Falkland's war.

Task One

Advise Mo whether the above three circumstances outlined in (a), (b) and (c) give rise to any enforceable rights against him.

Task Two

Consider in each case whether your answer would change if the land was unregistered or registered.

Remember to reference all relevant statutes and case law and ensure that you address any defences and remedies.