Part A -
Q1: In relation to the prohibition upon the granting of exclusive possession the law of easements has developed in a principled manner. Discuss with reference to case law and academic commentary.
Q2: The traditional phrase 'Cuius est solum eius est usque ad coelum et ad inferos" means He who owns land owns everything reaching up to the heavens and down to the depths of the earth? Is this an accurate statement of the law today?
Q3: The mutual benefits and burdens principle is the best way around the prohibition on the transfer of positive covenants. Is this an accurate statement?
Part B -
Q4. David wished to purchase "Salford Acres" a rather large house with a large plot of land for £1,000,000. The title to the land was registered in the names of Tracy and Steve. You have been asked to advise David if he will be bound by the following interests:
a) A lease of six years had been recently given to Fred.
b) Alison the mother of Steve had contributed 25% to the purchase price of the house.
c) Peter the father of Tracy had contributed 25% to the purchase price of the house. Peter lived at the house but had been absent from the house for three months visiting relatives in Australia. Peter had left his belongings in the house.
d) Jayne had been granted an option to purchase two large outbuildings in the grounds of the house. Jayne occupied one of them but not the other
Q5. Shane has recently purchased a large new house called "Salford Acres." The following problems have arisen and Shane requires you to advise him who has the best claim to the property in each case.
a) The previous owner (Stephen) had left some garden ornaments in the large gardens but is now making a claim for them. Advise Shane who owns the ornaments.
b) In the kitchen there is a very large and expensive range cooker which is bolted to the floor and which is attached to the power supply. Stephen is now claiming that this belongs to him. Advise Shane who owns the range cooker.
c) On a visit to a local shop Shane found £100 in an envelope on the floor of the shop. He also found £250 on the floor behind the till. The shopkeeper (Harry) is claiming that the money is his. Advise Shane who has the best claim to the money.
d) When Shane purchased his house from Stephen, the latter had attached to the walls several paintings, a moose head, and Stephen had carved a recess into the wall for a painting of the house itself. Advise Shane who owns all these items
Q6. You are a junior at a law firm and you have been requested to provide advice to a senior partner on the following situations in relation to adverse possession.
a) Waqar owns a children's nursery which has some outside land which abuts a field owned by Hilda. In the period 2002-2006 Hilda permitted Waqar to fence off some of her land to use it as outside space for the nursery children to play on. In 2006 Hilda withdrew this permission and asked Waqar to stop using the land because she had future plans to develop the land to build house. Waqar continued to use the land from 2007-2018 and during this period he had repeated offered to pay rent for the use of this land. Hilda had not removed Waqar because she did not need to use the land until 2019 when the property development of the land was to take place. You are required to advise Hilda on the position in relation to her land.
b) Sharon is the owner of a large plot of land. A part of this land was fenced off by Howard who then used the land to raise sheep. This land was fenced off in 2002. In 2010 Sharon sent a letter to Howard demanding possession of the land and in 2011 started proceedings but did not finish them. You are required to advise Sharon in relation to the land.
c) Kevin owns a plot of land which contained a house which had been left empty and open and Julia had taken possession of the house in 2004 but Julia had not changed the locks on the doors until 2009. Kevin has stated that he received an oral offer to buy the house from Julia in 2008. You are required to advise Kevin on the impact of adverse possession upon his title to the land.
Each question needs to be answered in full using UK case law (LAND LAW) as well as the use of land law STATUTE. You need to do only question 2, 3 and 5. Each answer to be between 800-1000 words.