LAW ASSIGNMENT

Law Assignment: Cases

Law Assignment: Cases

Part A: Advice to Mr. Hay

The case relates to minor interest and overriding ownership in a farm land. The law governing the analysis of the case is Property Act 2000, amended and extended by its former act known as LPA 1925. The main issue in the case relates to the potential interest in a farm land by other parties - Rose, Mr Wood, Mr Plant and Major Thorn. The overriding ownership by the claimants has to be analysed keeping in view the title and capacity of the bona fide purchaser of the property.

For the first, the property was not freehold hold for Mr. Hay. He had got the land transferred to him by Major Thorn. Assumptions regarding the ownership of Mr. Hay, therefore, need to be investigated in light of the claims of other parties. Rose, for instance, claims to have made a contribution to the land purchase in partnership with Mr. Thorn. Whether or not this contribution reflected an absolute gift of Rose to Mr. Thorn is the basic issue that represents the genuineness of her claim. If her contribution was not an absolute gift, she definitely holds a prime facie interest in the land. Still though, Mr. Hay was in no way a party to the contract, and therefore, he is not responsible for the bindings on the contract between Rose and Mr. Thorn. The contract law only binds the parties that who have mutually agreed upon a same objective. In this case, Mr. Hay has not agreed to any or all terms of the contract that occurred between Mr. Woods and the seller (Mr. Thorn).

The 2007 properly executed deed held by Mr. Wood is a six year lease agreement representing a portion of land (or cottage) on the farm. If the agreement assumes cottage as a separate and independent unit regardless of the farm, Mr. Wood holds a rightful interest. However, in this case, the property (cottage) has to be registered under the rules provided by the Property Act 2000. On the contrary, if the cottage reflects itself as an integral part of the part, or is an extension of the farm itself, the agreement between Mr. Wood and Mr. Thorn is flawed or defective. Therefore, the matter must be investigated given the defective title of Mr. Wood. One possible solution to settle Mr. Wood claim is the provision of compensation from Mr. Hay, keeping in view that Mr. Wood does not actually lives in the cottage. On surface, however, Mr. Wood has an equitable interest given the genuineness of his agreement. Finally, as per the 2002 act, overriding interest is one where the purchaser knew of the ownership (full or partial) of the land and provided notice to the concerned party. If the purchaser is not aware of such ownership, there is no overriding interest, and hence, Mr. Hay does not need to worry regarding this issue, since it is not binding on him under such ...