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Property Law - Assignment Example

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If Virginia had signed a contract with her brother a year ago, then Virginia is committed to sell the land to her brother only unless if her brother had defaulted the conditions of the agreement or delayed to conclude the contract within the timeframe mentioned in the agreement…
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Property Law

In some cases, the courts are willing to specifically enforce contracts relating to land is that damages so awarded may not be adequate where the unique assets are concerned. Thus, awarding a specific performance relief is and remains as a discretionary remedy. Alternate deliberations may dictate that it should –exceptionally – be refused, particularly its award would generate severe adversity to the defendant, Virginia. Under UK laws, specific performance is an equitable relief granted through a discretionary order of the court that may compel the defaulting party to execute and complete the contract for the purchase or sale of a land.1 For instance, in Patel v Ali, a vendor’s health was spoiled immediately after the conclusion of the contract that an order of the specific performance was not made available2. In Lazard Bros and Co Ltd v. Fairfield Properties Co (Mayfair) Lt3d, it was held by the court that simple delay without possession of the property is not itself an impediment to seek the relief of specific performance. In this case, a delay of two years was held to be a bar since the defendant had not been prejudiced by the delay4. Harley, Virginia’s brother can approach the court for granting relief under the “specific performance” provisions of the Transfer of Property Act 1882 of UK. In case , if Harley has not made the consideration for the purchase the property from Virginia within the time as stipulated in the agreement , then Virginia has every right to sell the property to another party by giving a notice of recession from the agreement to Harley. It is assumed that Virginia might have given such notice of the ground on which the agreement to sell has become not effective to Harley. Answer to B Jack claims that he has been grazing his animals in the paddock for the last 25 years. Courts will acknowledge evidence of a continuous use for at least twenty years as evidence that the grazing rights have been enjoyed or used. Hence, it is essential to corroborate that the prolonged use of right of grazing for a minimum period of 20 years is essential. Courts will acknowledge evidence of a continuous use for at least twenty years as evidence that the grazing rights has been enjoyed or used and in such cases, the courts will presume that there was a grant5. In Neaverson v Peterborough RDC which dealt with grazing rights and the land owner in this case did not have any right to award any grazing privileges for cattle on the land in question ,but granted so, and those enjoying such privileges claimed easement rights under the cannons of lost modern grant. In this case, the plaintiffs failed as the land owner was not having any right to award such grazing rights. In this case, Virginia is the registered freehold proprietor of Silver House, which consists of a house and a fenced paddock. As the Jack is using the property for grazing for the last two decades and since Virginia is the registered owner of the property, then it is presumed that Jack is grazing in Virginia’s property with the connivance and approval of Virginia. Hence, Papageno is under obligation to allow the Jack to graze his cattle in the Silver House property for the future period also. Answer to Question C Squatting is the scenario where a stranger occupies unauthorisedly any abandoned or empty property for which the squatter, may not have any right to own the same or as a tenant and without the valid authorisation from the owner of the house. The offense committed by the Toby by refusing to leave the Papageno’s property can be regarded as an offense under trespassing of a property. 6 Further, if Toby refuses to leave the Papageno’s property, then Papageno is eligible to become as a “ ... Read More
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