Daily Archives: February 11, 2015

Activity 6.1. Page 85. Law of property.

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Does each of the following have a licence and if so of which type? What des it permit hi or her to do? What does it not permit him or her to do?

a. postal worjer delivering the mail?

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This person has a presumed licence.

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b.  A landlord entering the premises to read the meter?

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This contractual licence. It is presumed in a contract tha he or she is entitled to do so. Usually yhey must giive a few days notice.

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c.     A STdent who shares a house with four others without any written agreement?

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This person will have  abare licence. Somone will have a lease and this person will be a sub licensee. It is possible that he or she has an oral lease.

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d…  a 20 year old student who lives at hime with his parents.

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A bare licence. no rights

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e. a woman attending a dinner party. N

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A bRE licence. No rightd.

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f. a police officer investigating a rreportrd bulgary; the owner not being present at the house in question

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A statutory licence.  He is there to do his duty.

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g.   a woman who has lived with her partner for years; he promised her that she would never be evicted.

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She has a promissory licence. She cannot be got rid of without compensation.

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Question 3. Page 81. Law of property.

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In 2000 Nick and his girlfriend Ann bought a small house for 100 000. Nick contributed 90 000 and Ann contributed 10 000 a gift from her mother, Jean. The house was registered in Nick’s sole name. Nick was unsuccessful musician but Ann had a well paid job and paid most of the household expenses. In 2003 Ann gave birth to a son Charlie. In 2004. In 2004 Nick and Ann invited Jean to come and live with the. Jean provided 30 000 to have an extar bedroom and bathroom added to the house fr her use. In 2005 while Jean, Ann and Charlei were away on holiday Nick mortgaged the house t Midtown Bank. He has recently defaulted on his ortgage repaymants and the bank s seeking possession of the house with a view to selling it.

Advise Jean and Ann. If the house were sold how would the proceeds of the sale be divided?

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Nick is the sole legal registered owner. Ann will have a resulting trust. However, she is a donee becayse te money was a gift from her mother. Ann paid most of the costs of running the houuse. She will have a constructive trust in her favour. A court will look at her overall contribution. sHE Will get more than the 10% of the purcahse price that she contributed.

Jean gave money to improve the house so she will have an equitable beneficial interest too.

Nick has done this mortgage without the knowledge or say so of the other  interested parties. A secured creditor would have difficulty repossessing the house to sell it. An unsecured creditor would have not chance. The others were in discoverable occupation. They were not in the house at the moment things went wrong as in Chhokar v Chhokar but they wer egnerallt around.

If it were sold then Ann would get well over 10% of he house and the mother more like 30%. Nick would be lucky to get 50%.

Ann would argue for a constructive trust on the basis of Oxley v Hiscock and Stack v Dowden. Jean may clai proprietary estoppel if she spent the money on the grounds that she would be allowed to live there. It would be unconscionable to turn her out when she had disadvantaged herself upon the faith of this promise

Their interests will likely override the mortgage.

TLATA shows that courts often exercise discretion in favour of other tenants who are innocent.

Question 2. Law of property. Page 80

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2.

In 1998 Mr Norton who had three sons studying in London decided to buy a flay for the t live in. He paid the whole of the purchase price and the flat was registered in their names – Mark, Luke and John as beneficial tenants. In 2000 Luke wrote to John offering to sell his interest in the fat. John accepted the offer in principle but they had not agreed the price when Luke was killed in a climbing accident. Luke left his estate to Mark and John equally.

Dispute has now arisen between Norton, Mark and John as to who owns the flat and who is entitled to occupy the flat and whether the flat should be sold.

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The sons were legal joint tenants. The intention was that the house was for them. They were donees. Norton has no right over it.

Luke said he wished to sever the joint tenancy but no agreement was reached. Because it was not finalised this did not operate. Thereofee Mark and John have the ius acrescendi.

Mark and John are able to occupy the flat. Neither of them can force a sale. One can sever the joint tenancy and turn it into an equitable tenancy in common. Then one of them could sell his share biit not comple the whole property to be sold.

Sample exam question.

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1. Herbert and Wilma were married in 1980. They bought a house , Hersanmyne, for 20 000 nicker of which 5 000 was contributed by Wilma’s mum, Martha, who was to live with them in Hersanmyne. The house was conveyed to Herbert and Wilma on trust for themselves aND Martha as joint tenants. Herbert and Wilma had a son Sam in 1983 and a daughter DAWN in 1984 . In 1989 Herbert left Hersanmyne and has never returned. In 1990 Martha sent a letter to Herbert saying that she wished to have her share in the house repaid so that she could provide during her lifetime for Wilma and the grandchildren. Herbert ignored the letter. Martha died in 1991 leaving all her property to Wilma.

Herbert owned a business which failed in 1996 and he has debts of 30 000 . His creditors are now pressing for payment and threatening bankruptcy proceedings. His only asset is his interest in the house. But she has enough money to run the house and maintain herself and the children. Advise Wilma.

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The couple had a joint tenancy which can only be legal. Martha will have a resulting trust because of her contribution to the purchase.

this case is remarkably similar to  Boland.

Martha wants her beneficial interest turned into cash. This does not necessarily operate. Martha’s resulting trust would pass to Wilma but only if the joint tenancy is severed. Neither of the parties declared an intention to sever. If they had tis would be valid.

The creditors even if secured cannot turn her out. They should have got her agreement to the credit. She was a legal join tenant. She was in discoverable occupation. The children need to live there till they grow up.

This is like Goodman v Grant in that the couple are beneficial joint tenants. This is a matrimonial home. tHIS BEComes a trust of land.

If Martha did sever the joint tenancy then Wilma will have at least 60% of the house.

hhERBET cannot force a sale. If the house were sold WIlma would get 60% of the property and maybe more. The creditos would snaffle the rest.

The National University of Singapore.

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The National University of Singapore was founded in 1980 although its origins go back to the 1920s. The  National University of Singapore (NUS) is just outside the centre of Singapore city. NUS  students are mostly Singaporeans. However, NUS is very proud to be a cosmopolitan university. It is the premier university of South-East Asia. It attracts students from South-East Asia and beyond. There are students at NUS from Malaysia, China, India, Sri Lanka, South Africa, the United States, Kazakhstan and Germany. There are over 30 000 students at NUS. ABout 80% are Singaporeans. There are more foreign students among postgraduates than undergraduates.

The language of NUS is English. Everyone in Singapore can speak English.

Bachelors’ degrees take three years and sometimes four years. Medicine and Dentistry are exceptions. They take six years. Students can study almost any subject. Those who do a Humanities degree tend to mix several subjects as in they will do some History, some English Literature and some Politics.

NUS is so successful that it has established branches in other countries such as China.

Almost all students live in accommodation provided by the unversity. Smoking and drinking alcohol are not allowed there. There are fairly good sports facilities at NUS. However, NUS is not renowned for sports.

NUS will accept people from any country based on the school leaving qualification of that country. NUS may require students to sit IELTS to prove they are good at English. If the applicant has done his or her education through English this is usually not required.

Students should apply up to a year before they intend to begin their course of study.

Singpaore is known as a very safe and clean city. There are many parks and beaches. There is a healthy outdoor lifestyle because it is so warm. Singapore has superb transport links.