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Rights Affecting the Restaurant and House - Essay Example

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(1) Ownership: - Ownership rights of the restaurant and house will definitely affect P. P Must get affected little of both the house and restaurant. But this may be affected by the principle of title and possession. In land law, under this principle, the basis of claiming title of land or buildings is possession…
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Rights Affecting the Restaurant and House
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Download file to see previous pages The tenants are in fact the ones who have been enjoying possession of the property. J has then to note that J's continued failure to take possession of the property may prevent him from claiming ownership of it now. What he ought to establish is whether there is any current dispute between J and his former tenants. 1
(2) Right to enforce the covenants- The neighbour N has the right over the covenants that he had agreed between himself and J, the property owner. The covenant was that the whole premises were never to be used for the sale of food and drinks. But now, J together with her husband, it has converted the shop into an Italian restaurant, whose purpose it to sell foods and drinks.
The general rule of covenants is that, they run with property i.e. each person in possession of the property at different time is entitled to enforce the covenant as that one before him. The covenant does not cease to exist with the exit of one tenant of A enters into covenant with B and B later sells the property to C, C has a right to enforce the covenants with A even though he was not privy to the contract that gave rise to the covenant. In this respect therefore it is important for J to recognize and respect N's rights over the covenant. He cannot lawfully carry out the business of running a hotel/ restaurant. 2
(3) Ri(3) Right to non-conveyance of a registered owner: - Any person who has registered his title over his property needs not to prove conveyance. Conveyance is the act of transferring title/ interest of property from one person to another. However, for this to happen he must claim title by adverse possession and also satisfy the chief land registrar. Technical difficulties can be overlooked by the Land Boss. P then ought to know that it is possible for J to have innocently possessed the households fraudulently because of these simple procedures through registration. If this would however be realized at a later stage, difficulties would be experienced in case the property is to be re - transferred.
But if in case P incurs losses in the transaction he is entitled to be indemnified by the Land Registry. However, for him to succeed he must have acted in good faith i.e. without knowledge of the defects in title
If title to both restaurant premises and the house had remained unregistered, restrictive covenants can be enforced in equity against J. they will still bind P. But conveyance might not be automatic to P because J may be perceived not to be having a better title of the freehold property - The principle of nemo dat quod non habet i.e. "You cannot sell what you don't have". But before the equity principles came into play, purchases of such property could not enjoy such rights as the right to enforce restrictive covenants.
(4) Restrictive covenant on leased property: - There is a restrictive covenant between J and T that T that T should lease the above for 5 years. By letting P expand the restaurant onto the first floor of the property, J would be going against her earlier agreements with T. P cannot therefore legally succeed in evicting T as the covenant/ agreement between J and T binds him as well. For variation of the terms of a lease to be effective, a notice must be given which should be forwarded to the chief Land Registrar. And until such a step is taken by J, the variation of terms and ...Download file to see next pagesRead More
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