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Land Law - Essay Example

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Madam Mary Stoker Headlong Hall Estate Madam: This has reference to your request for guidance regarding your legal predicament. You have presented two issues for resolution—first, whether the removal of statues by the former owner freehold, Peter Lee (Lee for brevity), is proper, and second, whether the unregistered agreement between Lee and his friend, Ingrid, for the latter to occupy the West Wing portion of the property is binding to you…
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Land Law
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Download file to see previous pages The estate includes a gothic house and a ghost train ride which Lee constructed after acquiring the property. The sadly dilapidated and over grown ghost train track was lined with suitably frightening objects including two dozen ghoulish stone statutes some of which have fallen to the ground. Notwithstanding the sad state of the property, you mentioned that you fell in love with the train ride and bowed to restore it when you first looked around the property prior to the purchase agreement. And, as soon as you became the registered proprietor of Headlong Hall estate and after the completion date you immediately moved in. You were horrified to find out that Lee took the statutes with him after you have found out that the statute were the 1967 creation of Bridget Hepworth before she become a famous sculpture and is worth several hundred thousand pounds. After a week in the property you were surprised to find out that Ms Ingrid Cave is occupying the west wing of the Headlong Hall that Mister Peter Lee converted into a separate four-bedroom dwelling. Ms Ingrid Cave claims that Mister Peter Lee has held the West Wing for her in 2004 when she fell on hard times but the agreement was never registered by either of them. She further claimed that her career have taken a turn for the better and she spend most of her time in Mexico where she rents her own flat to explain her 12 month long absence and her irregular presence in Headlong Hall. With regards to the removed Bridget Hepworth carved statutes: I am afraid that Lee is well within his legal rights to remove all movable objects that are not considered permanent fixtures of the property. From your narration, Lee was able to bring the statutes with him when he moved out this indicates that no extra effort can be exerted to remove the statute thus it is considered movable. There was no mention that the purchase price includes the disposition of the statutes even if you mentioned that you fell in love with the ghoulish train ride when you first saw it. The absence of this particular item in your agreement with Lee clearly indicates that all movable objects of the property being bought are not part of the property purchased. At this juncture, I would like to make a distinction between two kinds of properties—real and personal. Real properties refer to lands which include everything attached to it permanently while personal properties are movable properties which are objects other than lands that can be the subject of ownership, examples of which are stocks, money, notes, patents, and copyrights. Let us apply the classification into your situation, the statues were incorporated in the land but it was not permanently affixed to the ground. Thus, by its very nature, it remained a personal property. The rails, on the other hand, are permanent in character so it became part of the estate. Having dispensed with the classification of properties, let us examine the intention of Lee in his act of installing the statues. It is beyond dispute that it was Mister Peter Lee who paid for the construction and installation of the ghoulish train tracks including the setting up of the statutes. This indicates that it was not part of the original property when he acquired it. This indicates t ...Download file to see next pagesRead More
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