|Property Law||Assignment Number||Two (Resit)|
|02/07/2018 @ 18:00:00|
|Submission through Turnitin ONLY (either as a Word document or a PDF)|
This assignment is designed to assess learning outcomes:
1) Demonstrate an understanding of the principles underlying land law,
2) Critically analyse the principles of land law and relevant case law as applied in practice.
3) Demonstrate knowledge and understanding of proposals for reform (where applicable).
This assignment is an individual assignment.
This assignment requires you to answer the question:
“Camille is Scottish and works as a chief geologist for an oil company. She has just been given the job of her dreams; a ten year contract to set-up and oversee an oil exploration project in England. The company wants to check the potential reserves in England to determine whether it should buy the rights to drill for oil in England and Wales. Camille is the best geologist they have, so they ask her to move to England to carry out the work.
To this end, Camille meets with Fraser who owns a registered freehold estate in a lovely little cottage near to Camille’s prospective office. Camille falls in love with the cottage and asks Fraser for a ten year lease. Fraser has been having financial problems, and is eager to have the extra income; Camille’s credit-rating is excellent. Fraser offers for his solicitor, Mr Crabapple, to handle the conveyancing documents. Camille agrees to this. Unfortunately for Camille, whilst she signs a valid contract with Fraser, Mr Crabapple is negligent in his duties and never sees to it that the lease is properly registered.
Camille’s bad luck only worsens thereafter. She begins to experience dizzy spells, migraines and eventually begins to lose consciousness at random points in the day. She goes to hospital and is told that she is suffering from a brain tumor and needs almost constant treatment in hospital. Camille informs her employer who is extremely supportive and arranges for someone in accounts to make sure that Camille’s rent and other bills in relation to the cottage are paid on time. Yet as the months go by, Camille practically lives in the hospital. The poor woman did not even have time enough to move into the cottage properly; save for a bed and some kitchen utensils, Camille’s furniture remains in Scotland.
A year passes and Fraser’s financial troubles worsen, such that he decides that he has no option but to sell the freehold. Indeed, he is so desperate for money that he decides nothing shall stand in his way, not even Camille. He arranges to show the property to Jonathan, who is eager to buy. Fraser tells Jonathan “do not worry about the bed, I have been living here and I have already moved most of my furniture out, as you can see. I shall be out by the end of the week”. The two agree to a conveyance, and the necessary documentation is dealt with by Jonathan’s capable solicitor.
Before the sale is completed, Jonathan visits the cottage to admire the place. He just so happens to come at the same time as Camille is visiting the cottage from hospital; her social-worker remains in the car, giving her some time alone to relax in the cottage. Jonathan asks Camille what she is doing there, but she experiences another dizzy spell and her memory is not up to the task of giving Jonathan any information at all. She excuses herself, returns to the car and goes back to the hospital. Camille tells her social-worker about her encounter with Jonathan, who in turn tells Camille’s employer. Jonathan asks Fraser who that “strange lady” he saw at the cottage was, and Fraser tells him “do not worry about her, that is just my eccentric sister – I’ll make sure she does not bother you again!”. The sale goes through, Jonathan moves in but Camille’s employer has asked its legal team to protect her rights to remain in the cottage.
You are a member of that legal team. Advise Camille of whether she can stay in the cottage. Be sure to consider: (i) the nature of Camille’s interest; and (ii) the relevant legal rules under the LRA 2002.