Category of Rights in Property and Land Law Please use the OSCOLA system of referencing and remember to include a bibliography.
Please choose one of the following questions:
- Ariane lives with her cousin, Barack, in a large house that Barack owns. Ariane is a baker and helps Barack to run his catering business from the premises. In exchange, she is allowed to occupy one wing of the property without payment. Barack wishes to retire, and one morning over coffee they discuss the possibility of Ariane buying the house from Barack and continuing to run the business. Barack promises that he will sell the house to Ariane if he can find a suitable home in Spain to retire to. Believing that she can rely on Barack’s word, Ariane sells her beloved jewelry to raise money to fund the purchase. She also spends money on purchasing new equipment to improve the long-term prospects of the business. The following week, Ariane writes a formal letter to Barack offering to buy the property for £750 000. Barack writes a letter back saying that he accepts her offer but that he still needs to find an alternative property in Spain. Unfortunately, before any further progress can be made Barack and Ariane have a huge row. Barack tells Ariane to leave the house and informs her that he will not go through with the sale.
Advise Ariane what rights, if any, she may have in the property.
- “The existence of a category of rights which will bind a proprietor, despite not being noted on the register, is inimical to this goal [of making the register as accurate and reliable as possible”
M Thompson and M George, Thompson’s Modern Land Law (6th ed, 2017) 137 Is the protection afforded to overriding interests under the Land Registration Act 2002 justified? Discuss critically.