Land Law (Leases Easements Freehold Covenants Trusts of Land Sole/Co Ownership

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Land Law (Leases Easements Freehold Covenants Trusts of Land Sole/Co Ownership

Advise Beth and Hugo about the validity of any potential easements. Advise Leah as to whether she / her interest will bind Hugo.

 

Land Law (Leases Easements Freehold Covenants Trusts of Land Sole/Co Ownership

Beth is the registered owner of two adjoining properties:

Forest Cottage and Velwell House. She lives at Velwell House and grants Leah a 2-year lease at Forest Cottage. Both Beth and Leah sign the deed though the document is not registered.

Beth regularly walks on a small path through the garden of Forest Cottage to birdwatch in a small hut she constructed on the property of Forest Cottage. One year later Beth decides to sell Forest Cottage to Hugo for £500000. She does
not tell Hugo about Leah’s lease or occupation of Forest Cottage. The deed of sale of Forest Cottage specifically states that the owner of Velwell House is still able to walk on the path and use the small hut to birdwatch. Beth and Hugo also agree that
Hugo can park his cars on Velwell House’s driveway.

After the transfer of Forest Cottage is completed by registration Hugo is shocked to discover Leah at the property. Unfortunately the relationship between Beth and Hugo breaks down. Beth refuses to let Hugo park his cars on the driveway. In return Hugo says Beth cannot walk on the pathway and puts a lock on the door to the small hut. Leah is concerned she will be forced to leave Forest Cottage.

Advise Beth and Hugo about the validity of any potential easements. Advise Leah as
to whether she / her interest will bind Hugo.