Adverse Possession and Implied Easements: Legal Questions and Relevant Case Law

Question 1: Adverse Possession and Human Rights

Discuss all questions with reference to relevant case law and applicable legislation. MUST be properly referenced and MUST include a bibliography.

Question 1

Taylor, who lives and works in Germany, inherits the freehold estate in Rose Cottage in 2004 and is registered as proprietor. Taylor is too busy to return to England to manage the cottage and asks his friend, Wale, to look after it. Wale agrees, although he lives more than 100 miles away and so is not able to visit on a regular basis. In fact, after an initial visit in 2004 Wale never returns to the property.

In January 2005 Ebony, who has noticed that the cottage appears to be unoccupied, breaks in and takes up residence. The property has fallen into disrepair and over the next four years she spends a considerable sum of money refurbishing and redecorating it, including installing central heating and a new kitchen and bathroom.

Taylor retires from his job and returns to England in February 2017, intending to spend his retirement in Rose Cottage. When he arrives at the property, he discovers Ebony living there. Ebony refuses to leave, asserting that she has secured title to the property by adverse possession and saying that after all that she has spent on the property it would be a breach of her human rights to make her move out. Nick says that anyone who breaks into another’s property commits a criminal offence and has no right to be registered with title.

On the other side of Rose Cottage is a field owned by Abu, title to which is unregistered. Since moving into Rose Cottage in January 2005, Ebony has walked her dogs in the field and picked the wildflowers. To make it easier to get around she regularly cuts a path through the tall grass. She has also replaced and maintained the gate to the field. It is now May 2017 and Abu, who wishes to put cows in the field, has asked Ebony to stop using it. In addition to Rose Cottage, Ebony wishes to claim title to the field by adverse possession.

Advise Ebony of her options in relation to Rose Cottage and the field. Ebony is also keen to know her rights and has asked that your advice include consideration of the effect of the European Convention on Human Rights. Ensure to include relevant case law and legislation. (2000 words)

Question 2

Many easements are implied rather than created by express grant. Explore the methods by which easements can be created by implication, using case law and appropriate legislation. (1000 words)

 Question 3

“The legal floodgates would be opened if dashed expectations of a long-term domestic relationship opened the door to unjust enrichment claims” – Judge Purle QC Walsh v Singh [2009] EWHC 3219

Critically evaluate this statement and how judges are able to resolve disputes in matters relating to co ownership of land through the concept of constructive trust, using applicable case law and legislation. (1000 words)