Thursday, 30 January 2014

Land law assignment question

Pat, her daughter Janine, her son Ricky and his girlfriend Bianca, decided that they would all like to live together. They bought a large detached house called ‘the Gables’ and it was conveyed to them in equal shares as joint tenants in law and in equity. Soon after moving in together Janine started to cause trouble by coming home late at night drunk and being horrible to live with. One night Pat told Janine that she was selfish and that she should “sling her hook” and go and live elsewhere. Janine lost her temper and stormed out of the house and sat in her car which was parked in the street outside. Pat then followed Janine outside. As Pat walked towards the car Janine switched on the engine and drove forward at great speed. She drove over Pat who was instantly killed. Janine has since been found guilty of murder and is serving a life sentence. Ricky and Bianca have been having relationship problems. Ricky has become sick and tired of Bianca’s constant moaning and has decided that he wants to leave her and go and live with his cousin Sam who owns a bar in Spain. Ricky sent Bianca a written notice to sever the joint tenancy. However, after he had posted it, Ricky changed his mind and so when the notice to sever arrived in the post and dropped through the letterbox, he made sure that he was the first to pick up the post and he hid the letter from Bianca. Shortly afterwards Bianca was diagnosed with terminal cancer and made a will in which she left all of her property to her best friend Tiffany. Bianca has since died. Advise Ricky, Tiffany and Janine as to the ownership of the property.

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