Posted: April 8th, 2015

Land law

Land law

Order Description

the question is : In 2008, David purchased the registered, freehold, Edwardian property, Smithy House in Prestown. David and his girlfriend, Maryam contributed equally to the purchase price, but the legal title was put into David’s sole name because Maryam was in the process of divorcing her former husband and she did not want her ownership of Smithy House to become an issue in the divorce proceedings. David and Maryam lived together at Smithy House after completing their purchase.
In 2014 whilst Maryam was undergoing a three month stay in a rehabilitation clinic to recover from severe depression, David decided to sell Smithy House, so he and Maryam could move to London. He thought it best not to tell Maryam until the sale had been completed so as not to risk upsetting her. Jane, a potential buyer of Smithy House, came to view the property, and noticed numerous female items of clothing in the wardrobe and feminine toiletry items in the bathroom. David said that they belonged to his sister, who visited occasionally, and Jane decided not to ask any further questions.
Completion of the sale to Jane took place in December 2014.
Maryam was discharged from hospital in January 2015 and, not wishing to move to London, has contacted Jane, claiming that she has a right to return to live in Smithy House
On moving into Smithy House, Jane was annoyed to note that a large, ornate, crystal chandelier had been removed from the largest bedroom. This had been affixed by a bolt to a joist in the attic above the ceiling. The hole left by the removal of the bolt and the disconnected electrical wires are still visible in the ceiling. Also two benches from either side of the garden have been removed. The benches each consisted of a locally-sourced stone slab on two blocks of similar stone and were of the same material as two large rocks which remain in the garden. Both the chandelier and benches were still at Smithy House when Jane visited the property to measure for carpets and curtains after exchange of contracts. David had said nothing to her about removing these items and had told her that the chandelier had been put in place by the original owner of Smithy House.
Advise Jane as to whether Maryam has any enforceable interest in Smithy House and whether Jane herself has any rights in relation to the benches and chandelier.
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