This assignment refers to the case provided for legal advice with reference to property law and property rights after acquiring freehold to a specific property. As the case depicts that the freehold to the large country house Ghostly Grange (reputedly haunted by Lady Lavinia), which bought by Alec Andrews. Alec intends to run a lucrative business through this recently acquired Ghostly Grange property by opening it up as a tourist spot after some modifications and renovation within the property. This assignment acts as the legal advice for Alec Andrews regarding the ownership of certain items within the property and construction/demolition of the property. As the case suggests Alec seeks redress for the removal of items listed below:
Several stuffed bats, complete with fangs, mounted on the dining room wall.
A mirror firmly affixed to the bedroom wall.
A large ceramic vase about 5 feet high which stood, under its own weight, in the entrance hall.
As far as the modifications, renovations and demolition/construction within the Ghostly Grange concerned Alec has few plans in his minds to which he seeks legal advice. These plans comprise of development of a series of lily ponds located on the property. The remedies available to Alec over the issue of water level that fell, due to Sir Dan Driggory's irrigation via tunnelling into Ghostly Grange, and the rights over the lead mine and artefacts of the sixteenth century miners. Demolition of series of wooden chalet (presently occupied by people refusing to move as they claim certain statutory rights protect them) and construction of four holiday cottages for tourists.
Discussion
Real Estate is one of the most active industries in the world today. People always have been in a need to own a house either for their residence or commercial purposes. The concept of selling and buying land and furnished houses is not new. The business of real estate has made progress by leaps and bounds during the past two decades. The advent of globalisation has given a further impetus to this already booming business, but progress has not been without conflicts and misunderstandings within the industry about the purchasers' rights after a sale has been made. These misconceptions mostly comprise of rights to inventory, fixtures and items within the property, and the rights to demolition/construction and modification or renovation within the property purchased. The English real estate law (Land Law) appears continental to the European lawyers, who often confused regarding the provisions and the statutes, because the distinction between the rights in common law (so-called lawful interests) and equity (so-called equitable interests) still plays a significant role. The difference between these types of formal law, the contents of the same situations to regulate, can be explained only historically.
First of all, what Alec needs to understand is that what legal rights he has after purchasing the freehold to Ghostly Grange. As when Housing, Urban development and Leasehold reform Act became law in 1993, the right to purchase a freehold has been given to the ...