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Question: LAND LAW CASE STUDY: Paula and Paul, brother and sister, have recently discovered that their l7 year-old nephew Frank has been orphaned in a road accident and that they are his legal guardians. In anticipation of Frank coming to live with them, they decide to buy a bigger house with their savings and with some of the money left to Frank by his parents over which they have lawful control until Frank is 18. The new house, title to which is unregistered at all material times, is expressly conveyed into their joint names as legal and equitable joint tenants. There is no mention of the fact that Frank’s money was also used. Frank arrives and Paula and Paul employ a live-in personal tutor, Matilda. Matilda lives in a self-contained part of the house for which she pays Paula and Paul £70 a week. Unknown to Matilda and Frank, Paula and Paul sell the property to Perry. Perry is told, and believes, that Frank and Matilda are the vendors children. Advise Frank (who is now 18) and Matilda as to their right to stay in the property. Is the law in this area satisfactory?
Answer: In this problem, we are faced with the difficulties that can arise from the operation of the trust of land and the overreaching provisions of the Law of Property Act (LPA) 1925 as the mechanism for regulating concurrent co-ownership....(short extract)
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- Subject: Law
- Course: Land Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 74%
- Words: 1810
- Date submitted: April 27, 2009
- Date written: December, 2008
- References: No
- Document type: Essay*
- Essay ID: 2317
