Question
This is my current homework - i dont even know where to begin i feel so overwhelmed. Any direction you can help me with would
This is my current homework - i dont even know where to begin i feel so overwhelmed. Any direction you can help me with would be appreciated
Ben owns aresidentialproperty, the eastern boundary of which adjoinsa popular Byron beach. On his western boundary (and furthest away from the beach)are twootheradjoining properties. Oneis a residential section owned by Shila. The secondisasculpture park,owned byKayla.BothKayla and Shila wish to have accessover Ben's land to the beach.
Ben is reluctant to grant such accessunless he isgenerouslycompensated. He agrees in principle to grantShila thesought afteraccess, so long as Shila agrees tonever allowanyfood businessto operate from Shila's property.
He agrees in principle to grantKayla access,so long asKayla is preparedtopaint hersculptures each year with colours to be approved byBen. Also,that Kayla consents toShila occupyingthesculptureparkforthe next ten years, between thecalendar monthsofJune toNovember,to enableShila torun a tourist theme park on his and Kayla's land.
Ben comes to you and asks you toproperly document the arrangements, to maketheseagreements aswatertight as possible.Hetells you that he has been toldby a friendthat he canachieve his end through the useof any number of legal "devices".
explain toBen the possibilities, pros and cons andconsequences of securing these obligations by:
1.Various forms of land covenants; 2.easements; 3.leases; 4.encumbrance instruments.
In your response, make sure you identify any legal consequences that may arise as a result ofeach of these legal obligations being used.
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