Description
Provide an answer to a land law problem question
The question is:
Frank, a retired surgeon, was the freehold owner of a large house (Buckley House) on the outskirts of Brighton from 2010-2020. The house has extensive gardens. At one end of the garden there is a heated swimming pool with a jacuzzi. At the other end of garden, which is situated on the other side of the property and near the boundary of the next-door garden, there is a huge yurt with seating and a BBQ.
In 2015, Frank was thrilled to hear that his old acquaintance Marcella had bought the freehold of the house next door to him (Greatwood House). Greatwood house is accessed by two methods, the first is an access road across Frank’s land, connecting to Marcella’s drive. The second is a narrow footpath leading to Marcella’s back door. The footpath has no vehicle access as it goes through ancient woodland to the main highway. The beautiful wood is one of the reasons Marcella bought the house and she would never contemplate destroying it. So, from the day she moved in she always used Frank’s driveway to get to her house.
Frank and Marcella reignited their friendship over a couple of drinks as soon as she moved in. Marcella complained to Frank of her aching joints from years of ballet teaching. Frank invited Marcella to use the jacuzzi and swimming pool, as and when convenient to her, to ease her pain. Marcella was very grateful and did use the facilities around 3-4 times per week. Marcella installed a gate between Buckley House and Great Wood House, at her own cost, to allow her to come and go without always disturbing Frank.
Frank and Marcella enjoyed the revitalised friendship and often sat in Frank’s yurt after dark around a fire, reminiscing about old times. They would sit by the yurt and admire the view of Frank’s apple orchard and rose garden.
Marcella mentioned to Frank that she was having trouble choreographing a dance and was under a lot of pressure. She explained that her dogs won’t leave her in peace, and she is feeling stressed about meeting a deadline for the artistic director.
Frank told Marcella to use the yurt as a quiet place to think and complete her choreography. He explained the yurt has plenty of space for solo choreography.
Marcella wanted to help Frank too. So, she permitted Frank to park his large caravan on her drive as he was already was keeping a horse box on his own drive. Marcella was just able to get her very small Fiat 500 tucked on to the end of her drive.
In September 2020 via deeds of conveyance:
• Frank sold his house to Betty
• Marcella sold her house to Violet.
Betty has forbidden Violet to use her jacuzzi, pool and yurt. Betty has blocked the gate up that Marcella installed. However, Betty claims that she was assured by Frank that she had a “right” to park on next door’s drive when she bought the house. She has been parking two Range Rovers on Violet’s drive.
Violet has a motorbike at present but would like to change to an estate car. Violet has told Betty to cease parking on her drive immediately, Betty said that if Violet pushes her on this matter then she will prohibit Violet’s use of her access road in the future and Violet can use the footpath to get to her house instead.
Page 5 of 9 LW365: Land Law (April 2021)
There is no mention of any of the potential ‘rights’ above at HMLR on either of the titles. The deeds conveying the properties to the new owners make no express mention of any of the matters above.
Advise Betty.
Also include relevant case law where appropriate
to help with these potential areas of land law there are word documents and powerpoints below
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