Diego Ronda, a builder, has just completed the purchase of Mantle Place, Hertfordshire, a large house with extensive grounds, from Daphne Deadwood. He plans to divide Mantle Place into five flats and rent them out to people wanting a quiet residence in the country. Title to Mantle Place is registered at the Land Registry with freehold absolute. Since the purchase, Diego has been approached about the following claims:

(a)Alison Eddy, the next-door neighbour, says that Daphne had contracted to sell her part of the grounds of Mantle Place where she plans to set up a dog agility course. Alison shows Diego a contract, dated December 2018, which Daphne and Alison prepared over afternoon tea at the Primrose Tea Rooms. Alison has already installed the jumps and barriers for the dog agility course. Diego is concerned that his tenants may not care for the presence and noise of dogs. 

(b)Alison also claims that in 2017 Daphne granted her the right to use a path in front of Mantle Place as a short-cut to the village. Daphne had entered into a deed granting Alison the right of way as long as she lived next door. Diego is concerned that tenants will not like people walking back and forth across the property. 

(c)Diego planned to convert a barn in the grounds into a residence for himself. But a farmer called David Fulman arrives to claim he has a five-year lease of the barn to store his farm equipment. He shows Diego a letter setting out the terms, dated July 2016 and signed as a deed by Daphne. 

(d)To cap it all, David tells Diego that all the properties in the area are subject to a covenant restricting them to single-family use. 

 

Explain the nature of the interests claimed and whether and in what circumstances they would be binding on Diego

Answer rating: 100% (QA)

The situation you describe involves a number of property law concepts contracts for sale of land easements rights of way leases and restrictive covena... View the full answer