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Question by : Land Law Question help – Rights of occupation, rights of access?
I need help answering this question for my coursework
Thanks in advance

Dave owned Rose Cottage, a small cottage in the countryside, and his wife, Melissa,
moved in after their wedding a year ago. Melissa was keen to smarten up Rose Cottage
as soon as she moved in and used a significant amount of her savings to pay for a new
kitchen and a new bathroom. She also invested her money and time in decorating all of
the other rooms in Rose Cottage and landscaping the garden. Dave helped out with the
decorating and gardening but Melissa did the majority of the work as she enjoyed doing
it and had more free time than Dave who worked long hours running his business. Melissa
did not mind using her savings and working hard to improve Rose Cottage because Dave
made it very clear to her when they married that she should consider it to be ‘their’
home, even though he had bought it himself several years ago and paid off the
mortgage.
Melissa owns a horse so she also used some of her savings to buy North Field, a nearby
field with a small barn in it. She bought North Field from Pete last year. Pete owned the
farm adjacent to North Field but he did not need North Field so agreed to sell it to
Melissa. Melissa has always used a track which passes through Pete’s farm to reach North
Field from the main road and Pete has never objected. Pete always used the track to
reach North Field when he owned it. There is another way to reach North Field but the
route involves winding country lanes and is very indirect. Unfortunately for Melissa, Pete
has now sold the farm to Zoe and Zoe has told Melissa that she has no right to use the
track and must stop doing so.
To make matters worse, Melissa arrived at North Field last week to find Nikki putting her
garden furniture in the barn. She had never seen Nikki before. When Melissa confronted
her, Nikki produced a document which she and Pete had signed in 2008, when Pete still
owned North Field, leasing the barn to her for five years. Their signatures had not been
witnessed. Nikki explained that she only used the barn occasionally but needed to use it
now to store her new garden furniture over the winter.
Finally, Melissa has just made a shocking discovery. Dave has left her to travel around the
world and he does not know whether he will ever come back so he has sold Rose Cottage
to Gillian. The sale was made by deed and was completed yesterday. Gillian now wants
to move in. When Gillian looked round Rose Cottage before purchasing it she noticed
some female belongings scattered around but she was so excited to have found the
house of her dreams that she did not think to ask about them. Last week, Gillian had
called at Rose Cottage to ask Dave a few final questions. Dave was not in as he was not
expecting her and Melissa was up a ladder cleaning the windows. Gillian shouted up to
Melissa and asked what she was doing at Rose Cottage but Melissa could not hear her
very well. Melissa shouted back that she was busy at the moment and would speak to
Gillian when she had finished cleaning the windows. She thought Gillian was a door to
door salesperson. Gillian did not have time to wait and left without saying anything else
to Melissa.
Assume that you are dealing with registered titles and advise:
• what rights, if any, Melissa has in Rose Cottage and whether they will be binding
on Gillian;
• what rights, if any, Melissa has to use the track across the farm to access her
North Field and whether Zoe can stop Melissa from using it; and
• whether Nikki’s lease of the barn in North Field is enforceable against Melissa

Best answer:

Answer by mhp_wizo_93_418
speak with an attorney. -… ….

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