Propery Law Case Study Example | Topics and Well Written Essays - 2250 words

Propery Law - Case Study Example Mr. Jackson bought the property without even seeing it before payment was made. He relied entirely on Alex and Rogers Co. to advise him on his purchase from Damian Brown and the internet sales photographs and details of the property. Alex completed the transaction on his behalf over the summer. While Alex and Mr. Anderson were out in their office, Mr. Jackson went to their office and made a complaint over the property he bought. The secretary of Mr.Anderson wrote down the following complaints of Mr.Jackson. He is horrified to find several serious problems at the property of which he was totally unaware until now:- Jeremy Smith (son of new neighbour Mrs Smith) seems to have taken over 5 acres of the land belonging to Glebe House (and now to Mr Jackson) and is treating it as it as his own. He says he has done so for years and has no intention of stopping. Mrs Smith is complaining about the fact that Mr Jackson has applied for planning permission to change Glebe House into a conference centre and says that it is in breach of a covenant entered into several years ago between her father and Mr Brown whereby Glebe house and land were transferred on condition that there would be no business use on the property. A note was pushed through the letter box at Glebe House from a "Cheryl Armitage" claiming to be Damion Brown's fiance and wanting the return of her "investment" in Glebe House forthwith. She is contacting her solicitor. Valuable items have been taken from the property ( presumably by the seller) including: -Valuable artwork depicting the history of Glebe house -A set of garden statues -Kitchen display wall cabinets forming part of the fitted Kitchen 1) What are the rights of Mr. Anderson over the property 2) What are the liabilities, if any, of Alex and Mr. Anderson in this case 3) What are the effects of the covenant between Mrs. Smith's father and Mr. Damian Brown and the claim of Mr. Brown's fiance over the rights of Mr. Anderson over the property Answer: For us to give an answer to the issues of the question, let us first take an overview of the property law in the United Kingdom where the facts of the question arose. The right to property One of the fundamental rights afforded for the citizens of the United Kingdom is the property right which can be defined as the right to own, possess, use, enjoy, and dispose property. The term property includes but is not limited to movable properties such as cars and clothing, and immovable properties such as lands, land and buildings or land and house. Though fundamental by nature, the right to property is only a statutory right, which means that the exercise of this right is subject to existing laws of the State where this right is provided. The exercise of this right was mostly based from common law jurisdictions that were prevalent during the ancient times at the United Kingdom. Though statutory laws are now in effect, common law are still useful most especially in property issues where no statutory bases are readily available just like purchase of property through the internet. Relevant to this right is the purchase of real property. Purchase or "buying", is a traditional way of owing a real property such as land or house. When a person purchases or buys a property, he is given the absolute right or title