LAND LAW

Summative Assignment

Summative Assignment

1. Susan vs. John Adams

Edward Mullett's wife, Susan is refusing to move out of the land registered on her husbands' name after he sold it to his friend John Adams. She is claiming rights over the land, which was sold when she was hospitalised. She also claims to have paid for the land. According to the Law of Property Act 1925, property purchased after marriage will be jointly owned by the couple. The law says that if a wife has partly paid for the property, then she may claim rights. On the other hand, if she had paid for the construction, then she may claim for the Constructive Trust. As long as it was purchased by one of the couple after marriage, it belongs to both.

Since she was hospitalized during the sale, she was unaware of the sale. If she was aware, a letter to the Land Registry could have stopped the sale (www.telegraph.co.uk). However, she can still claim rights since it also belonged to her according to the law. A letter to the Land Registry will help Susan since the sale occurred without her consent and can be reversed.

A case can be cited here as an example. Romero v. Garcia - 546 P.2d 66 (N.M. 1976) is the case in which Ida Romero (plaintiff) purchased 13 acres land from Mr. Garcia (defendant and father in law of Ida Romero) but Mrs. Garcia did not join this conveyance. After the death of her husband, Romero re-married. The defendants argued that deed was not sufficient enough for diverse possession. The Plaintiff argued that certain area of land is the couple's property and it was found that she was right and the deed was affirmed to be sufficient.

2. Jayasuriya vs. John Adams

Jayasuriya was granted a right to occupy a cottage on the farm for a period of seven years. After the sale of the land, the decision needs to be taken whether he should be allowed to occupy the cottage or vacate it considering the fact that the agreement was made with the previous owner (Shepperson, n.a.).

Under the Housing Act, there are two main routes for having the possession of assured shorthold tenancies i.e. section 8 route and section 21 routes. The landlord owns the right of possession, if the tenancy is an assured shorthold one, at the end of the tenancy according to the section 21 of the Housing Act (the 'section 21 route'). If the landlord needs to have possession from the shorthold tenant before the end of an agreement then a notice must be served to the tenant under section 8, stating specific grounds on which the landlord needs possession.

The agreement made with Edward Mullett needs to be analysed to determine whether there was a clause by which the tenant could be vacated before the expiry of agreement. If this clause exists, the new owner can ask him to vacate on a notice of less than 24 ...