LAND LAW SUMMATIVE ASSIGNMENT DECEMBER 2012 - Essay Example

However, the privileges of a recipient under a trust exist given that Thirty years ago Susan paid the original deposit on the house from her own savings. The rights of a beneficiary under a trust are created formally or arises informally either by a covenant between the couple or following a financial contribution made by Susan to the cost of improving or buying the farm. A legal interest, which is binding or overriding in the case is the rights of occupation. Susan does not jointly own the farm with Edward, but has a statutory rights of occupation referred to as home rights, which arise in cases of a civil or marriage partnership.

The case of Susan actual occupation being overriding in expressed in the case Williams and Glyn’s Bank Ltd v Boland [1981] AC 487.1 (ii) Considering the fact that Edward has granted Jayasuriya a right to exclusive occupation of a cottage on the farm by deed for seven years period, Jayasuriya holds leasehold of the farm by deed. This implies that Jayasuriya has a right in the property that may be enforceable. A lease can be provided for a fixed term such as seven years, which is the case of Jayasuriya, it may be periodic tenancy running from a single period to another until one party ends the lease by providing the other party with a notice of its termination.

The possibility of the exclusive occupation right by deed may bind Adams given that he never knew the arrangement between Jayasuriya and Edward. The nature of this right is an equitable right. The equitable right will remain binding if the buyer has notice of the existence or presence of the right, the right has not been overreached, and the buyer is not a bona fide buyer for value of the legal farm without notice. 2 However, it is recommended that the mirror principle be applied, which outlines the interests attached to the land.

This could have been very valuable for Adam prior to purchasing of the farm from Edward. (iii) A possibility exists that Gunawansa, Edward Mullet’s neighbor may posses similar right to an easement. The easement need to accommodate the dominant tenement. This implies that it must posses some direct beneficial impact or influence on the dominant land. In order for an easement to contain the overriding land it is not fundamental that the servient and dominant land be near or adjacent to each other, even though they need to be sufficiently near each other for the easement to be of direct benefit to the dominant or principal land.

Pugh v Savage [1970]2, a “right of way” existed over a single field in order to get to the other, but a third field also lay between the dominant and servient fields. The right of way was regarded or held as a valid easement.3 Section 1(2) of the LPA 1925 has a provision, which states that, the only charges or interest in or over land that is capable of subsisting or of being created or conveyed at law is an easement, right, privilege in or over land for an interest that is equivalent to an estate or farm in fee simple absolute in possessions or a term of absolute years. (iv) In legal terms, the occupation of the attic room in the main farmhouse by Maria appears to be a licensee implying that she is on the property of her father with the license or permission and thus not a trespasser.

A family arrangement or plan of this nature