Nglish Registered Land Law (problem Qn)

INSTRUCTIONS: Each part of the question carries equal marks (must be no more than 1,000 words in total) and is a problem question.

Question

Pamela is the sole registered proprietor of Brampton House, a large house in a residential suburb in London . She bought it on 20 September 2007 from Brian, who had just received a large bonus from the bank he worked for and who had decided to go to Africa and spend the rest of his life working as a safari guide. Brian had been registered as the sole proprietor.



Advise Pamela whether the following interests are binding on her:



(a) Brian s twin brother, Robert, had contributed one third of the purchase price when Brian bought the house with the intention of living there with his brother and an express trust was drawn up confirming Robert s interest. However, Robert was often in and out of prison for offences such as burglary and shoplifting and was in prison at the time Brian sold the house to Pamela.

(b) Philippa claims that on 1 September 2007 Brian let her a room in the house to commence on 1 February 2008 when she is due to start work as a senior manager at a major department store in the area.

(c) Natasha, a neighbour and a friend of Brian s, maintains that in August 2007, Brian entered into an agreement with her that she could use a path across the garden of Brampton House in order to take a shortcut to the main road and thereby reach the local gym far more quickly.

(d) Stuart, an old school friend of Brian s, claims that Brian agreed with him that if and when Brian decided to sell Brampton House, Brian would give Stuart a right of first refusal. Natasha claims, however, that Brian had entered into a contract to sell the house to her.