The Distribution of a Big Flat - Essay Example

Land law problem by [Author’s name] [Name of the Institution] [Date of fulfillment] abstract This is a paper that is about the distribution of a big flat, which was initially owned for four owners. But within a span of four years there were incidences that reduced the four members to two, leaving two outsiders into the group. The paper is trying to find out the distribution of the shares among these two old and two new owners. The hurdles are analysed for the distribution of the property. introduction In this paper the issue is about a big flat that has got four owners. In the time of distribution two of them were dead and two are alive. The crux of the story is related to one trustee in bankruptcy and a boyfriend who has got a will regarding the context of being the owner of one of the shares of the big flat. The four parties at the time of distribution of the share consist s of Alice the elder sister, Elias the heir to dead Belinda, the second sister, Caroline, who has been accused of murdering her younger sister Diane and lastly the trustee in bankruptcy by dead Diane. Case description This is a case that has been placed, to get equal share regarding a property. The case is under the direct ambience of land and property circulars. This is a case where four sisters win over a lottery and own a big flat in Chelsea, four year back. The four sisters were Alice, Belinda, Caroline and Diane. As the incident took place four years back the recent age of Alice, Belinda, Caroline and Diane are 26, 24, 22 and 21 respectively. As time passes by, there are many kinds of formalities come in their lives and there were many consequences that turns up their relationships. This case is exclusively about the distribution of the big flat in Chelsea among them. However there are some twists that come in and the case turns upside down. The house was for all the four sisters and now it needs to be distributed. Elaboration Alice is the eldest of all the sisters and she is a very successful business woman. Most of the time she is on tour, and she is busy with her work. The second sister is Belinda. She too is mostly into tours and hardly gets a chance to be in the house. Caroline and Diane are the last two sisters who are living in the house and are very much in possession of it. The third sister, that is Caroline, is a model and the fourth among them is a night club promoter in Chelsea. For both these sisters the flat in Chelsea is of great asset. However as the elder two are not having the chance of staying there they thought of having the monetary share of the flat. Consequently Belinda talked with Caroline regarding this in an amount of £150,000, to which Caroline agrees to give £120,000. However before finalizing the deal Belinda goes off for a vacation with her boyfriend and meets an accident that takes off her life. In her will she declares all the rights over her property to her boyfriend Elias. Added to all this Diane was having drug problem and was badly into it. Her condition was so worse that one day, she was al into alcohol and drugs and had a severe fight with Caroline, and in the due course she dies by being hit by Caroline. Caroline was arrested and the put to trial. Among all these incidences it is the trustee in bankruptcy by Diane and Elias, the boyfriend of Belinda wanted to know about their share. consequences As per Land Registration Act 2002 and LRA Rules 2003 (as amended 2008), to this case it is very much true that as Belinda and Diane are no more alive, they do not have any chance to get a share over the property. However, the trustee in bankruptcy by Diane and Elias will get their due. As for Elias he has got no problem with his share. But as per the Trusts of Land and Appointment of Trustees Act 19961, the trustee in bankruptcy will only get the amount that was due by Diane. If the trustee owes more money then it is all up to the other three, that is Alice, Caroline and Elias to decide whether they will pay the rest to the trustee or not. If the trustee needs lass than the share that Diane has got, then the remaining amount will again get distributed among Alice, Caroline and Elias. As for Caroline, the days are going to be tough. There are chances that she might get accused of murdering her sister to own over the property, but is the lawyer deals it well then the whole issue can be changed upside down, and the incident can be proved to be an accident. In this case the people and the owner of the night club that Diane was promoting can be of great help to Caroline. With their witness, Caroline can lessen down her life from prison. Or on the other hand she might face severe consequences and all her property either will get shared between Alice and Elias, or will go to some charity. As for Alice she will get her share for sure and there will be no hassle to that. The sequence can be more elaborative is the initiations are done through the Reform of Property Law and the Land Registration Act 2002: A Risk Assessment. In the periphery of The Reform of Property Law and the Land Registration Act 2002: A Risk Assessment, the cases like these are dealt more individually than keeping the group under any consideration. The property will be distributed strictly through adamant proceedings led by the legal laws. The scrutinizations will be done very appropriately, irrespective of any kind of respect to the family terms and deals. Even Elias too would be in need of declaring those people who were witness in the will while it was made by Belinda. If he fails to do so, then he will get nothing out of the will. The advocate who made the will too needs to perform as per the legal proceedings. suggestion There are the possibilities initiated by the Land Registration Bill 2002, that the whole case might get stuck between the declaration made against or for Caroline. The rest of the people may need to wait till everything gets finalized with Caroline. It is therefore always better that the rest of the people help Caroline to get out of the trial. Their witnesses too are going to be considered as genuine and will authenticate the incident of Diane’s death as an accident. Rosemary Auchmuty, made it very clear that the cases of property are made dicier by the legal proceedings and the distributions f property are more complicated. As elaborated in Modern Studies in Property Law2, the people who are in the line of getting the share of a big property must be away from any kind of convicting record. In such cases the dealings led by Caroline will be weak if she gets sentenced to jail. Under any circumstance she must win over the case of killing her sister that is Diane. The lawyer, who will be pursuing the case for Caroline, must prove to the court that even if Caroline had killed her sister, she would have got nothing. The simple reason is that the sisters have earlier decided to donate the amount of which there remains no owner. This is something that Alice must agree to the court. She must admit that there was a deal kike this. However the court might ask for some authenticate papers relate to the same. In such case the permission to distribute the property must get granted on equal basis. Both Alice and Caroline must agree that the share of Diane will be given to the trustee of bankruptcy, and the rest of the amount will go for charity. This has been well elaborated by Paul Todd, in his Trusts of land and third parties, (1996). The court will definitely ask for some paper that can clarify the distribution of the property in reference to someone’s death. As these sisters never thought of it and had no paper regarding the same, they must agree to make a share of the property and give Diane’s share to the trustee and to charity. This is applicable in case of instances, if Elias, somehow fails to bring in the witness who were there when Belinda made her will. He must present those witnesses who will let the court know that it was Belinda who made the will declaring that Elias will be the owner of her property after her death. If he fails to bring the witnesses to the court then the whole share of Belinda, too will go to charity and there will be no owner to this particular share. The court will need to have approval of all the four parties before making any kind of distribution. This will be the basis of the case. If the court agrees to consider the trustees as the representative of Diane and Elias to Belinda, then there are possibilities that these two people will have their intake share. As for Carolina, it is also very necessary that she prove herself wrong and also makes the elaboration that it was an accident and there is no intentional thought in it. She must admit that Diane was all drunk and was trying to hit her gain and again. It is on self defense that Caroline tried to protect herself and Diane got aggressive to death. Conclusion It has been thus well established that he property will get equally divided between four parts and the share to which there is no owner will go straightly to trust. The people like those of the trustee and Elias must present proof to their demands. The share of Caroline will also be seized still she is proved to be innocent. In any case of dual ship, there will be the straight declaration that the particular share has been sent to the charity for the development of the poor. Sources Auchmuty, Rosemary, "Lost Wills and Land Claims: Property Law and Children's Fiction" Paper presented at the annual meeting of the The Law and Society Association, Renaissance Hotel, Chicago, Illinois, May 27, 2004 . 2008-10-10 http://www.allacademic.com/meta/p116840_index.html [retrieved on the 6th of Jan. 2009] LAND REGISTRATION ACT 2002 and LRA RULES 2003 (as amended 2008),http://www.landlaw.org.uk/ [retrieved on the 6th of Jan. 2009] Modern Studies in Property Law, Vol.1, Edited by E. Cooke, Hart Publishing, (2001) Paul Todd, Trusts of land and third parties, 1996, Published in Web Journal of Current Legal Issues in association with Blackstone Press Ltd.http://webjcli.ncl.ac.uk/1996/issue4/todd4.html The Land Registration Bill 2002 [2002] Conv. page 11, Westlaw.uk [retrieved on the 6th of Jan. 2009] The Reform of Property Law and the Land Registration Act 2002: A Risk Assessment, [2003] 67 Conv. 136. Westlaw.uk [retrieved on the 6th of Jan. 2009] Trusts Of Land And Appointment Of Trustees Act 1996,http://webjcli.ncl.ac.uk/1997/issue1/jones1.html [retrieved on the 6th of Jan. 2009] Read More

 

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