Property Law



Question 11

Introduction1

Body of your plan1

Conclusion3

Question 25

Introduction5

Paragraphs5

Property Law

Question 1

Introduction

Jane allowed Terry to use her garden path which would facilitate him to reach the orchid gardens. This permission was intended only for terry and did not include any specific agreement, as it was more of a sign of good will. When the orchard was sold to Terry, the covenant included all the terms that were to be followed by terry including the maintenance of the fence, and to agree than no construction would take place on the orchid. Later in 2011 the orchid was sold by Terry to a local druid group. The druids are doing things that are completely against the initial agreements with Terry as the fence is not being maintained, while the garden pathway is being used which Jane does not approve of. In addition to this, the druids are planning to build a copy of the Stonehenge on the orchid clearly going against the covenant and the agreement. The case at hand is related to the real property law and will take into consideration the details as outlined in reference to covenants and easements.



Body of your plan

The confusion here that arises is that the covenant was agreed upon by Jane and Terry, but many not have been expressed by terry to the druids. Additionally the original covenant between terry and Jane clearly outlined certain obligations such as restricting the use of the garden path, maintenance of the fence, and most importantly no building on the orchid. Here it is important to keep in mind that a covenant is also used to describe a contract or a legally binding promise hence making the agreement between Terry and Jane legally binding . This agreement should have been communicated to the druids so the initial agreement could have been honored. Keeping in mind that The covenant is an agreement or treaty solemn, strict and conditional between two or more parties in establishing an obedience to fulfill one or more sections set out in a formal contract and that both parties agree to perform certain actions and to receive remuneration from the Moreover compliance, the instructions communicated by Jane should have been followed. Legally this concept is derived from a legal document like a contract or international treaty .

Additionally it is important to keep in mind that an easement was made, even though not expressively. An easement is a burden on land and which has the effect of restricting the use of it for the benefit of another field called "dominant tenement" . Only continuous and apparent easements may be acquired by prescription. If an easement is apparent (you can see the transition of residents, for example), it is not continuous (the transition does not take place at certain times, but not always). Therefore, continuous non-apparent easements, easements and discontinuous, apparent or non-apparent, cannot be established by securities (contracts, deeds). Possession, even immemorial, is not sufficient to establish (Article 691 of the Civil Code).

The courts have a strict application of this text: they exclude recognize any acquisitive prescription in passing on someone else's ...