Question1-Land.docx

Question 1

In November, Alf bought the freehold title of ‘Bedside Manor’ from Brenda, who was the registered proprietor with legal title. Alf has now become the registered owner but, on moving in, he discovers the following:

a) Brenda’s mother, Cleo, is living in a granny annexe at the back of the property and states that she helped Brenda with the purchase price of Bedside Manor, so should be allowed to stay.

b) Brenda had given Dion, the next-door neighbour, permission to use a small footpath at the rear of Bedside Manor ‘when he needed to get to the cricket ground in the summer’.

c) Edith, Brenda’s schoolfriend has been using one of the outbuildings for her pottery hobby and has told Alf that she has a ‘short-term lease’ for its usage.

d) Fideles Finance has claimed that they have an ‘equitable mortgage’ in the property and want Alf to satisfy the outstanding debt of £55,000, in the absence of Brenda.

Cleo is now refusing to leave and, in fact, wants to contest Alf’s ownership of Bedside Manor.

Dion has started using the path on Sunday mornings to get to cricket practice.

Edith is interrupting Alf constantly with her loud music blaring as she fires her hideous jugs.

Fideles Finance have written increasingly aggressive letters to Alf, demanding payment in full.

Advise each of the parties how they could/should have protected their interests in registered land, and whether Alf is bound by their interests accordingly.