Jul 26, 2017

Advice to Anna with regard to the issue of the flat

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Advice to Anna with regard to the issue of the flat


Anna is the registered proprietor of two properties. The first is a shop with a flat above. Anna inherited this in 2001, and, until it becomes vacant in 2012, has has let the shop to tenants who have used it as a florists. The property is subject to a covenant in favour of her neighbour, Barney, not to use the premises for the sale of food and drink. At the end of December 2010, Anna granted Claire, by deed, a lease of the flat aboce the shop for 5 years . In 2013 Anna opened a restaurant in the former shop. Annas other property is a house shepurchased in 2010and in which she lives with her husband, Duncan, whom she married in 2011. Duncan contributed a quarter of the purchase price fof the house but it wasa registered in Annas sole name.In adition Duncan paid for the new fitted carpets of thehouse and the construction of a new summerhouse in the garden. Anna and Duncan’s marriage has now broken down and Anna wants to sell the house and restaurant and flat Emma and she is worried that Barry may want to enforce the coveant. Emma would also like to evict Claire so that she may expand the restaurant nto the first floor of the property. The buyer of the house, Faheem, wishes to have the carpets and summerhouse included in the sale. But Duncan refuses tomove out and insists the carpets and summerhouse are his in any event. a-advise Anna as to the various rights affecting the restaurant and flat and whether they are binding on her b-Advise Faheem as to whether Duncan I entitled to remain in the property and, if not, whether he Is entitled to remove the carpets and summerhouse.

Law Name: Institution: Date: CASE STUDY The ownership case involves Anna and her husband Duncan, who married in the year 2011. Anna is the owner of two properties, one of which she inherited back in the year 2001. She has a standing agreement with the current tenants to use the property as a florist, until the year 2012, when the premises will become vacant. This agreement is subject to a covenant that Anna and one of the neighbours, Barney made, such that the premises cannot hold a business that sells food and drinks. In the year 2010 Anna leased the flat that is above the shop to Claire for a period of five years. Later on in the year 2013, Anna broke the covenant that they had entered to with her neighbour Barney, opening a restaurant in the shop. Back in the year 2010, Anna had purchased another house, where they lived with her husband Duncan. Although this property was registered in the name of Anna, Duncan has actually contributed a quarter of the price money. In addition he had also solely paid for the carpeting of the house and a summer house that had been constructed in the gardens. As of now their marriage is broken and Anna is planning to sell the house, theflat and the restaurant. She is also worried that her neighbour Barney may want to enforce the covenant that they made years back. She also has plans to evict Claire from the flat, so that she can have the chance to expand her restaurant into the first floor of the property. Faheem, who is a potential buyer of the house, wishes to have the carpet and the summer house included in the sale of the house. However, there is a problem as Duncan has refused to move out insisting that the carpet and the summer house belong to him. Advice to Anna with regard to the issue of the flat With respect to the flat and the idea of opening the restaurant and even expanding to the first floor, Anna may find herself in more than one problem. The idea of covenants on property dates back to the 18th and the 19th century in England. They had come up during the industrial revolution, where the private land owners came together and developed the agreement of the land and property developed to conform to certain restrictions in reference to the area. Farmers for example would come together and enact a covenant that prohibited any one of the land owners from electing factories in the area; so as to protect the produce of the land and the environment in general1.Technically it is an agreement which dictates the use of property within a given neighbourhood by the various owners in the area. This is mostly tied to the maintenance of the value of the land, where the owners of the land and property may agree that certain activities such as housing businesses that sell foods and drinks in the premises, as is the case with Anna, are restricted. Covenants in themselves are legal documents as they are written with the deed or on the deed or in reference to the deed and kept on a file with the municip...

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