Instructions: Answer two questions from the four problem questions below.
The total word limit for both answers is 2500 words. Each of the two answers is worth 50% of the final module mark.
Question 1
Moorview is a large Victorian house that has been converted into two self-contained flats (numbers 1 and 2). Its freehold estate is registered at HM Land Registry with title number DU2637. Alan purchased the house ten years ago and his name was in the proprietorship register as the registered proprietor. Last month Alan sold Moorview to Betty for £400,000 and she is now recorded on the title register DU2637 as the registered proprietor.
Since the purchase several matters have come to light and Betty seeks your advice on the following:
1. Diana is married to Alan. They have been married for the last eight years and lived in flat number 1 as their matrimonial home. At the time of the sale of Moorview to Betty, Diana was visiting family in Australia for a month. Diana did not know about the sale to Betty.
2. Last year Alan granted Kerri an option to purchase a plot of land in the large garden at the back of Moorview for use as an allotment. The terms of the written agreement state that Kerri can exercise the option to purchase within three years from the date of the grant. Kerri does not yet have enough money to buy the plot of land, but with Alan’s permission she has been regularly working in the garden since agreement was signed. She has erected a fence around the plot of land and has started to grow vegetables. She leaves her garden tools in a secure box on the land. She is regularly in the garden tending to her vegetables except at the time of the sale to Betty, when Kerri was working abroad for three weeks.
3. Six months ago, Alan orally granted a 2-year lease of flat number 2 to Lisa. The lease commenced immediately and was for a market rent. Lisa paid no other money for the lease other than the rent each month. Last month Lisa assigned the lease by deed to Rory. Rory was living in the flat when Alan sold Moorview to Betty.
4. Two years ago, Alan granted his next-door neighbour, Molly, a right to park her car on the large driveway in front of Moorview.
The easement was expressed to last for six years, and the written document contained the following execution clause:
Signed as a deed by Alan Jones Alan Jones
in the presence of Jenny Logan Jenny Logan
Signed as a deed by Molly Smith Molly Smith
in the presence of Jack Thompson Jack Thomspon
Advise Betty on what rights, if any, Diana, Kerri, Rory and Molly have in Moorview and whether those rights are now binding on her.
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