Land Law

Ninth edition

by Mark Davys

Suggested Answer to Exercise 3.3 (Part 2)


Planning Your Answer

Issues

  • What interest, if any, do Hannah and Joshua have in the house?
  • Is this interest binding on Damien?
  • Are there any other remedies available to Hannah and Joshua?

Rules

  1. Possible types of interest
    1. Lease (see Chapter 5);
    2. Common intention constructive trust (see Section 14.3);
    3. Estoppel (see Section 14.4)
    4. Adverse possession of part of the house (see Chapter 13)
      (not a major aspect of this question, but worth considering if only to exclude it)
    If none of the above can be establishes, Hannah and Joshua almost certainly have a contractual licence (see Chapter 3)
  2. Is the interest binding on a purchaser?
    1. Is it an ‘interest in land’?
    2. Is it capable of overriding the Register of Title (see Schedule 1 and Schedule 3 of the LRA 2002; Land Law, Section 15.8).
  3. Contractual remedies.

Answer Plan

  1. Introduce the issues, the key concepts and why they are important.
  2. What is the nature of the arrangement between the parties?
    1. Lease or purely contractual agreement?
      1. Ingredients of a lease.
      2. The position after Ashburn Anstalt v. Arnold?
      3. Capable of overriding?
    2. Constructive trust
      1. Agreement about acquiring an interest in the property?
      2. Detrimental reliance?
      3. Capable of overriding?
    3. Estoppel
      1. Arisen?
      2. What remedy is required to satisfy the estoppel?
      3. Capable of overriding?
    4. Adverse possession
      1. actual occupation;
      2. with intention to possess;
      3. without the consent of the paper-owner;
      4. for the requisite period.
  3. Make sure that you have stated your conclusions (with your reasons).

Before you go to the next page, prepare a more detailed answer plan, including references to relevant cases and statutes.


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