Adverse property rights and implied amenities: Related legal and jurisprudence issues

Adverse property rights and implied amenities: Related legal and jurisprudence issues


Question 1: Adverse Possession and Human Rights

Discuss all matters relating to relevant case law and applicable law. MUST be referenced correctly and MUST include a directory.

Problem 1

Taylor, who lives and works in Germany, inherited the Rose Cottage estate in 2004 and is registered as an owner. Taylor is too busy to return to England to manage the house and asks her friend, Wale, to take care of it. Wale agreed, even though he lived more than 100 miles away and therefore could not visit her often. In fact, after his first visit in 2004, Wale never returned to the property. In January 2005, Ebony, who noticed that the cabin appeared to be empty, burst in and moved in. The house fell into disrepair and over the next four years she spent a significant amount of money renovating and redecorating it, including installing central heating, a new kitchen and bathroom. Taylor retired and returned to the UK in February 2017, intending to retire at Rose Cottage. Upon arriving at the property, he discovers that Ebony lives there. Ebony refused to leave, claiming she had obtained the title through adverse possession and saying that after all she had spent on the property, her move out would be violate her human rights. Nick says that anyone who breaks and gets into someone else’s property is a criminal and has no right to be registered with a title. On the other side of Rose Cottage is a field belonging to Abu, the title of which is not recorded. Since moving to Rose Cottage in January 2005, Ebony has been walking her dogs in the fields and picking wildflowers. To facilitate its movement, it regularly passes through tall grass. She also replaces and maintains school gates. It is May 2017 and Abu, who wants to release the cows to the field, has asked Ebony to stop using it. In addition to Rose Cottage, Ebony wants to gain possession of the yard by taking possession at a disadvantage. Inform Ebony of her choices regarding Rose Cottage and the land. Ebony also wants to know his rights and has asked for your advice taking into account the effect of the European Convention on Human Rights. Be sure to include relevant legal cases and legislation. (2000 words)

Problem 2

Many utilities are implied rather than created by explicit subsidies. Explore the methods by which privileges can be created by implication, using case law and appropriate law. (1000 words)

Problem 3

“Legal doors will be opened if broken expectations of a long-term family relationship have opened the door for illicit enrichment claims” – Purle Judge QC Walsh v Singh [2009] ] EWHC 3219 Critically evaluate this statement and how judges can resolve common land title disputes through the concept of constructive trust, using case law and applicable law. (1000 words)

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