Academic Writing

Ben has recently bought a house with a registered freehold title from Sarah without the help of a solicitor. He now seeks your advice about some issues which have only come to light since he completed his purchase. Sarah’s husband Tom claims that he has a right to live in the house and refuses to move out. He says that he contributed £50,000 towards the purchase of the property when Sarah bought in December five years ago. Ben plans to build an extension to the house. Hearing of these plans, a neighbour, Una has shown him a deed dated January last year in which Sarah covenanted with Una “not to make any alterations to the exterior of the property”. Una says she can stop Ben from building his extension. Callum has told Ben that he exchanged contracts for the purchase of part of the garden earlier this year with completion set to take place next month. He paid Sarah a deposit of £10,000. Since then Sarah allowed Callum to use this part of the garden which he has done on a regular basis. (a) Advise Ben whether Tom, Una or Callum have any rights over the property that would bind him. (b) How would your answer to (a) differ if title to the house had been unregistered when Ben bought it? (Word limit 1,000 words)