Land Law

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Land Law

  1. ‘The law of leasehold is archaic and in need of modernisation.’ Discuss, making reference to recent developments where appropriate.

(max. 1200 words)

 

  1. In 2012 Simon Hastings, a builder, built two houses on a plot of land. He sold the first house (Bridgerton House) to Daphne and, six months later, sold the second house (Featherington House) to Colin. In the transfer, Daphne covenanted “with Simon and the owner for the time being of the neighbouring Whistledown estate” in the following terms:
  2. a)  Only to use Bridgerton House as a private dwelling house for occupation by no more than one family;
  3. b)  Not to let the fence which divides Bridgerton House from Featherington House fall into disrepair; and
  4. c)  To pay a fair and proper proportion of the maintenance of the shared driveway which serves Bridgerton House and Featherington House.

In 2018, Daphne sold Bridgerton House to Benedict. Since then, the fence which divides Bridgerton House from Featherington House has started to fall into disrepair. Benedict has lodgers staying with him, who are rowdy, and Colin is often kept awake at night by their noise. Gregory, who is the present owner of Whistledown is also annoyed by Benedict’s rowdy lodgers who he feels are lowering the tone of the whole area.

In addition, the shared driveway which serves Bridgerton House and Featherington House is in need of repair. Benedict is refusing to contribute, saying that, as he does not own a car, he should not have to pay for repairs to a driveway.

Advise Simon, Colin and Gregory as to whether they can take any action against Benedict.

(max. 1200 words)

Students should show the word-count of each individual answer alongside that answer.

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