‘Legislative changes introduced since the start of the 21st century have drastically

curtailed the prospect of landowners losing out to squatters. Although this is a welcome
shift in legal direction, it remains to be seen how far it will be an improvement on the
previous legal regime governing claims to adverse possession of land with registered
freehold title.’ Discuss.

In January 2017 Andi, Bob, and Bob’s mother, Cynthia, bought a house together for them
all to live in. They contributed unequal amounts to the purchase price of the property
and the property was conveyed to Andi and Bob as legal joint tenants for all three of
them as ‘beneficial joint tenants’.

In 2018 Cynthia told Andi about her hairdresser’s gossip that Bob was having an affair
with Damion. When they confronted Bob, he confessed and told them that he wanted to
sell his interest in the house so that he and Damion could buy a new home together. The
three of them discussed the possibility of Cynthia buying Bob’s interest in the house.
After several days of discussion, Bob and Cynthia settled on a price. The next day
Cynthia, enraged by Bob’s behaviour, changed her mind.

A week later, Andi sent Bob and Cynthia a postcard telling them that as she ‘was making
plans to move abroad in the next year’ they should ‘respect her wish to claim her
interest in their house’. There was no room for Andi to add her signature. She posted the
card on her way to work in the morning. However, and unbeknown to Andi, industrial
action by postal workers meant the postcard was only delivered to the house three days
later. In the meantime, she got a text message at work to say Bob had been rushed into
hospital. When Andi got home that evening, she immediately left a note for Bob and
Cynthia on the hall table telling them to ignore her postcard because she had changed
her mind. Bob died the following day. In his will, Bob left all his property to Damion.

In 2021 Cynthia was diagnosed with a rare skin condition. She mortgaged her interest
in the house to Elderly Bank to pay for a private therapy room to be built in the garden.
She has recently been unable to keep up her monthly repayments to the bank.
Andi and Cynthia now want to stay in the house but Elderly Bank want it to be sold.

Advise Elderly Bank about who is entitled to the proceeds of sale and in what shares;
and whether the property is likely to be sold.

How, if at all, would your advice differ if Cynthia had been declared bankrupt?

JT & Severance

‘Not only is it difficult to know whether a joint tenancy or tenancy in common has been
created when land is acquired by co-owners, but it is also often unclear whether
severance has subsequently occurred. In fact, it would only improve the legal position if
it was possible for there to be only one form of co-ownership.’
Discuss.

In 2001 George met Martha when he was studying at university in Oxford. Martha was
working as a personal assistant to the managing director of a pharmaceutical company.
After graduating in 2002, George set up in business as a freelance set designer for TV
and theatrical productions. A year later, George purchased a house in London for them
to live in together, using his savings for the deposit and obtaining the balance of the
purchase price by granting a mortgage to the Angry Bank. Martha gave up her rented
accommodation to move in with George. However, title to the house was registered in
George’s name only. At the time, Martha suggested that registration should be in their
joint names but George persuaded her not to press the point. He told her, ‘Come on
Martha, you don’t need to be concerned about legal niceties. You know how you can
trust me.’ George, who was inundated with work, paid the mortgage instalments.
Martha used a small inheritance from an aunt to furnish and redecorate the house.
George and Martha decided not to marry. In 2006 Nick, their son, was born. In 2010
George started to experience difficulty in finding design work. Although he was earning
enough to continue meeting the mortgage repayments, they decided it would make
sense for Martha to return to work part time as a Personal Assistant to her old boss.
Since then Martha has paid all the household bills and Nick’s school fees.
Earlier this year George and Martha split up. George insisted that he is going to sell the
house and is adamant that Martha has no entitlement in respect of the family home.
Advise Martha.

Implied co-ownership and proprietary estoppel

Charlotte bought the registered title to a small cottage in May 2004. The house used to
be the gatekeeper’s lodge for a country property, Branwell House. As the cottage did not
have its own garden, Charlotte agreed with her neighbour, Anne, to make use of a
neglected secret garden at the rear of Branwell House. Anne is the registered proprietor
of Branwell House. Charlotte used the secret garden to grow vegetables. When
Charlotte’s licence of the secret garden expired in December 2011, Anne was not
prepared to renew it because she had plans to replace the garden with a maze. Shortly
afterwards Anne, who was not in the best of health, boarded up Branwell House and
moved to live in her cottage in Yorkshire. In Anne’s absence, Charlotte continued to use
the secret garden to grow vegetables. To deter the birds, she installed a sonic device to
scare them and erected a Perspex roof to protect the soft fruit.
In March 2021 Anne sold Branwell House to Emily. A few weeks after she moved in,
Emily discovered that Charlotte was using the secret garden to grow vegetables. Emily
has written to Charlotte insisting she vacate the garden immediately. A few days later,
Charlotte received a letter from the legal department of Wuthering Council. The letter
instructed Charlotte to remove the picket fence at the front of her cottage so that
Wuthering Council can make use of the land inside the fence to build a pavement. It
claimed that a previous owner of the cottage must have wrongly enclosed the strip of
land, which Wuthering Council’s plans show rightly belongs to it.
Advise Charlotte.

Adverse Possession

In 2008 Brian, a psychologist, started a relationship with Clare, who was studying at
college to become a social worker. A year later, they decided to live together. Brian
found a house for them to live in. As Clare was still training, they decided that Brian
would become sole registered proprietor of the house. He also paid the deposit and
granted the Community Bank a mortgage over the house.
When Clare qualified as a social worker in 2010, she immediately found a job with her
local council’s social services department specialising in caring for children’s welfare.
The couple then opened a joint bank account into which they each paid their monthly
earnings, and from which they paid the monthly mortgage payments to the Community
Bank and all the other household and living expenses.
In May 2014 Clare gave birth to Thomas. At Brian’s suggestion, she turned down the
offer of promotion at work before resigning from her job at the council to take care of
the family. They immediately closed their joint bank account, after which Brian met the
monthly mortgage payments and other household bills from his own bank account.
In 2015 Brian and Clare had a second child, Megan. By this time, Brian began to work
long hours, achieved greater financial security and gained celebrity status as the
resident psychologist on the TV programme Dating Stars. His contract regularly took
him abroad for filming. As a result, Clare spent more time looking after Thomas and
Megan, and carrying out minor repairs, and decorating the house.
In 2017 Brian used an advance he received from a book publishing deal to discharge the
mortgage with the Community Bank. Later that year, Clare inherited £20,000 from her
aunt. She used the money to build a playroom in the garden for the children, which she
designed and fitted out herself.
Last week, Brian told Clare that he was leaving her and the children to set up home with
Nahlia, the director of Dating Stars. He therefore wants them to sell the house.
Advise Clare about what, if any, interest she may be able to claim in the house by way of
trust law principles.

Common Intention Constructive trust