Case Analysis

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Case Analysis

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Introduction

Life is beautiful! It is the privilege right of an individual to enjoy each and every pleasure of life. The current economic situation is such that it becomes impossible for every individual to enjoy the basic privileges of life. In order to combat this issue people jointly purchase basic necessities and jointly invest in business. In this way, they not only become able to enjoy pleasures of life but they also help out each other. This idea of jointly perform a task or jointly purchasing something creates legal issues. One of the common schemes that people use is they jointly buys property as it shares the burden of huge payment. In jointly buying a property, there are a number of legal issues involve such as buying, title and selling of the property. The aim and objective of this paper is also to talk about the joint ownership in context of a given scenario.

Case Scenario

The case is about five people who equally contributed in purchasing a property which is a farm house which is called as Badger's drift. Out of these five people four were entered as proprietors of the legal freehold at the local District Land Registry. Over the period of time all of them suffer from various consequences. Now, there is a need to solve dilemma related to the sell and devolution of the title.

The Devolution of Both the Legal and Equitable Title in Badger's Drift

The term devolution is referred to the act of transferring of title of real property according to the automatic operation of law. In the given case scenario, the devolution of title would be different for different person as each one of them has suffered from different incident. The following part of the paper discusses the devolution of the legal and equitable title in Bridger's Drift for each partner one by one.

Devolution of Legal and Equitable Title in Badger's Drift in Case of Christine

When we talk about the devolution of title in case of Christine then there are few important facts that are important to consider. First of all it is imperative to note that Christine entered as proprietors of the legal freehold at the local District Land Registry. Second important fact that is to be noted in this case is that Christine has expressed her wish that whenever the property is sole her share should be sent to her. Moreover, another intriguing factor that is given related to Christine is that in the letter in which she expressed her wish did not reach to Enoke.

Christine is a joint tenant so; according to the law all the owners equally own the property. According to the Landlord and Tenant (Covenants) Act 1995 no one person can take an action solely and no one owns a particular share. This means that all the owners or persons who have paid the amount in buying the property must agree to take action related to the property. For instance if the properly ...
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