Assignment for Property II

 Word Count 1500

 You must declare your word count at the beginning of the assignment.
 Read OSCOLA and the guidance on Presenting Your Work available on Moodle

Tonye, divided Whiteacre into two separate units, he retained the larger unit to run as a shop to sell
riding equipment. In 1995 he sold the smaller unit to Sara. Sara used the unit to set up a business as
a blacksmith. As part of the transaction Sara covenanted by deed:

(a) not to use the smaller unit for the sale of riding equipment; and

(b) to contribute 30% of the annual cost of maintaining the guttering around the roof that the two
units shared.

The covenants were expressly made with Tonye ‘for the benefit of his retained land’. Both units in
Whiteacre have since changed ownership several times. Anna currently owns the larger unit. Last
year Umar purchased the blacksmith’s unit. In the winter of 2019 snow caused extensive damage to
the guttering. Umar has repeatedly refused Anna’s requests to contribute 30% of the cost of its
repair. Anna is also furious that Umar has recently started to sell saddles from the blacksmith’s shop.
what can she do to make Umar abide by the covenants contained in the 1995 deed between Tonye
and Sara.

Advise Anna.

Tonye’s land =>

divides in 2 =>

bigger unit: shop sell riding equipment. Small unit: sold in 1995 to Sara, for blacksmith business with
deed =>

deed covenant created by Tonye: small unit cannot sell riding equipment & contribute 30% annual
cost of maintain the gutter on roof of both units. For the benefit of his retained land => [was this
binding on all purchasers]

new ownership of land =>

anna owns bigger unit

umar owns small unit; blacksmith unit (2019)

snow of 2019 damaged the gutter

umar refuses anna’s request of 30% cost for repair [breach]

umar sells saddles (riding equiptment) in small unit [breach]

question: what can Anna do to make Umar abide by the covenant in the 1995 deed between Tonye
and Sara [can she apply this covenant on her and umar with the property? What options does Anna
have to punish Umar for this ie can she terminate their contract or he house him?]
questions:

a) Was the interest registered or unregistered?

b) Was the land registered or unregistered?
c) Two parts: Assuming that the property was a registered interest in land and Anna had
freehold ownership then the circumstances would mean she has more authority.
Assuming that the property was a registered interest in land, but Anna was the
leasehold ownership, and leased the other part to Umar would lead to different
consequences.
d) Does Umar meet the requirements for a lease holder? If so, then he is it. if not, then he
is not one. Yes means he is bound to the restrictive covenant, no means he is not bound
to the restrictive covenant of a+b.
e) Umar has breached the leasehold covanents. Would he face punishment? Was he bound
to
f) it? what effect would it have if he was bound to it?

Plan:

 Follow this structure, apply the parts

 Promise binding the original covenantor