Land Law Problem Question Essay

1445 WordsDec 14, 20146 Pages
• Diane and Steve are couple and have been in the property since October 2011 • They have signed separate agreements entitled ‘Licence Agreements’ - states that they can occupy the flat for two years at a Licence Fee ‘£3000 each year payable monthly’ • Agreement also allows Laura to stay at the property to stay at the ‘flat at weekends’ and make use of the 2nd room on weekends. Also states that Diana and Steve must vacate the property on the ‘first Sunday afternoon each month’ – the effect of which limits exclusive possession • The above clause may be seen as a sham device by the court if it is found not to have been enforced by Laura. - Antoniades v Villiers [1990] 1 AC 417 or Aslan v Murphy (No. 1) [1990] 1 WLR 766 ( clause stating that the occupiers had to leave the property between a certain period of the day, found to be a sham device used to mask reality) • If this is declared to be a sham device then there will be a lease where the agreements will become interdependent and form a joint tenancy. • For a Joint Tenancy there must be exclusive possession ( right to occupy the flat), interest in the land is identical ( they both signed agreements for the same amount of rent at the same time), unity of time ( they signed their agreements at the same time) title must be from the same source ( they both got the agreements from Laura and nobody else) • The presumption in Stack v Dowden is that where property is conveyed to 2 people as cohabitees, the presumption is that they were to take the property as joint tenants In advising Laura, we must first look at the various agreements that are possible within Land Law. Traditionally estates are divided into two primary categories, freehold and leasehold. Freehold estates are also known as a ‘fee simple absolute in possession’, which, according to Dixon (2012, p. 7) “comprises the right to use and enjoy the

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