Property Law Assignment Example | Topics and Well Written Essays - 1000 words

Property Law - Assignment ExampleIn some cases, the courts argon imparting to ad hocally 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 spartan 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 ships comp all to execute and complete the contract for the purchase or sale of a land.1 For instance, in Patel v Ali, a vendors health was spoiled without live 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 possess ion of the post 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 arrest since the defendant had not been prejudiced by the delay4. Harley, Virginias brother can approach the court for granting relief under the specific performance provisions of the permute 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 , because Virginia has every amend to sell the property to another party by giving a notice of recession from the agreement to Harley. It is assumed that Virginia might defend given such notice of the ground on which the agreement to sell has become not effective to Harley. function to B Jack claims that he has been paring 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 rig hts 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 sophisticated 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 business firm and a fenced paddock. As the Jack is using the property for grazing for the last two decades and s ince Virginia is the registered owner of the property, then it is presumed that Jack is grazing in Virginias 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 discontinue the Papagenos property can be regarded as an offense under trespassing of a property. 6 Further, if Toby refuses to leave the Papagenos property, then Papageno is pensionable to become as a