Land Law Assignment
Value: 45 marks
Part A(15 marks â€“ allow approximately 700 words)
Question 1 (7.5 marks)
Explain which English laws were â€˜applicableâ€™ in the colony of New South Wales and how local land laws developed that were divergent from English laws.
Question 2 (7.5 marks)
Explain the benefits of a life estate and the restraints on the way a life tenant may treat the land.
Part B(30 marks)
Lucyowned a small building in Strathfield. The building was fairly run down and was in need of refurbishment. This would be costly and Lucy was considering selling the building. She mentioned this to a friendFaye, who suggestedLucy let Fayeâ€™s nephew Tom pay to use the space as his office for six months (or less,should the building be sold).Tom was a freelance journalist who also published a not for profit magazine to support children with disabilities.
Lucy agreed and she drafted a document setting out the names of the parties, the address of the property, the period of occupation, the starting date, the amount Tom must pay each week and a covenant prohibiting any assignment or sub-letting without her prior consent. Tom moved in on this basis.
Within a week of moving in, Tom complained to Lucy that during torrential rain, water had leaked into the building and the place was very damp. He wanted Lucy to replace the roof tiles.Â Â At Tomâ€™s request, Lucy inspected the property.Â Â She noticed the rooms seemed very dirty and there was a musty smell, which she thought was because Tom wasnâ€™t keeping the property very clean.Â Â He had stacks of old copies of his magazines piled up on the floor in the main office and in the corridor. She also noticed in the kitchen and bathroom the taps were dripping constantly and in the kitchen there were stain marks around the basin from where it appeared the basin had overflowed.
Tomalso said the wiring was so old, that he couldnâ€™t run multiple electrical appliances without overloading the circuit and causing the electricity supply to fail and that this was dangerous. Lucy thought Tom was the cause of this problem, since he was using too many appliances.
Tom said Lucy was not meeting her obligations as a landlord and that he would not pay rent until Lucy made the property fit. Lucy was angry and went to the property and hammered on the door demanding Tomâ€˜open upâ€™. Tom stayed quietly inside the property. Tom was so afraid that Lucy might try to get into the property,he slept in the office that night.
The next day, Tom decided not to withhold the rent and instead, he invited his friend Chris, another journalist, to sub-let a small room of the kitchen as this would help with the rent. When he notified Lucy that Chris had agreed to sub-let the room, Lucy was furious that Tom had not asked her permission first, since she did not want another occupant in the building when she was uncertain about whether she would sell it.
Advise Tom in relation to the legal issues.
Harvard style referencing and citation please.Â
|Due By (Pacific Time)
||09/30/2014 09:00 am