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Land law problem question - Essay Example

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Introduction The background of the situation is that you the three cousins Ben, Clare and Amy purchased a house in Barchester in 2009 to live in and with the subsequent aim of later starting an accountancy firm in the acquired premises. Each of the three of you contributed equal amounts of ?…
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Download file to see previous pages The three of you were pursuing an accountancy course at the time and hoped to establish the accountancy firm as soon as you completed the course and in the event employ other relatives. However, since Ben and Clare realized they could not raise enough money to complete their course after the purchase they acquired a mortgage of ?250,000 from Macau Bank against the property. You, Amy, signed a waiver form of the bank to enable the loan application to go through, though you may not have sought legal advice before doing so. Ben subsequently died in 2010 and Clare re-mortgaged the house for ?50,000 to Taiwan Bank in order to take additional training in order to cover for the loss of Ben’s expertise. This she did acting as the sole owner of the property without you being consulted. Now in 2011 Clare has decided that she is no longer interested in the accountancy firm and has fallen behind on mortgage repayments. You, Amy, on the other hand is still interested in pursuing the original objective of starting the family accountancy firm. Your Current Situation Your first challenge as Amy is to prove ownership of the property even though you were not registered as the owner having entrusted the registration to your older cousins Ben and Clare. ...
to register a registrable disposition of a registered estate must provide to the registrar such information as the rules may provide about any unregistered interest affecting the estate which— (i) falls within any of the paragraphs of Schedule 3, and (ii) is of description specified by the rules (Land Registration Act, 2002, 6 (71) (a-b). What all this means is that in your case, you do have an interest in the property that was registered and that was supposed to be stated out-rightly at the time that your two cousins were getting registered in trust to own the property that your interests are included. Whether this was done or not should be confirmed by you. However, given the events that subsequently took place, it is quite clear that your interests were catered for during this registration. A look at the mentioned Schedule 1 and Schedule 3 shows that the interest of a person in actual occupation of the property is catered for (Land Registration Act, 2002, Schedule 1(2). Since you have an interest in the house and the land on which it sits, and you actually occupy it, this provision covers persons such as yourself. Considering the evidence that your interests were included I glean as follows. First of all, you were asked to sign the waiver form when your two cousins were applying for the mortgage from Macau bank. Signing the waiver basically means that in case of failure to repay the mortgage, then the entire house, including your share of it, could be attached to recover the outstanding dues (Degeling & Edelman, 2008, 31). The second indicator was that when Clare sought a second mortgage from Taiwan Bank you should have been consulted save for the pain you were in. This means that your interest was taken into consideration even at this point. That being the case ...Download file to see next pagesRead More
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