Assessed research Exercise in Law of Property Case Study

Assessed research Exercise in Law of Property - Case Study ExampleAnn and Claire remained in the house and continued to make the mortgage payments between them. The nature of their relationship changed. In 2005 they became registered civil partners. In 2007, following the death of Anns sister, Anns niece, Nora, now aged 8, came to brook with them.I am a trainee in the firm of solicitors consulted by Ann and Claire. My principal has asked me to research the applicable law and report to the principal on the legal principles and relevant case and statue law as to a) What are the current legal and beneficial sakes in the house, and b) On the basis that Joe and Tina vex an interest in the house, whether they could enforce a sale of the house.After Brendas untimely death in 2000, the current legal and beneficial interests in the house are Ann and Claire. Brendas parents, Joe and Tina, now have her properties but in that respect is no mention about the house. Do Joe and Tina have any cl aim on the house Joe and Tina do not pay Brendas share of the mortgage instalments although they have reportedly expressed the view that they want the house sold obviously to recover Brendas share in the property.The roots of the problem lies in the absence of organise thinking on the part of Ann, Claire and Brenda on the action to be followed in case they are left in a position where either bingle of them or all of them are unable to pay the mortgage instalments. This is just one part of the problem. The bigger problem is the lack of planning about their various(prenominal) rights in the property. The women have a close relationship based on love and understanding and have given little thought to the possibility of detachment or the legal consequence of one of them dying or the claims of creditors on the shared home.In order to deal with the inadequacies of the current law, there is the attempt to cabal a scheme which would operate to identify and quantify the parties benefici al interests in circumstances where no express arrangements have been made. This scheme is based on an quarry assessment of the economic value of the contributions made by each party sharing the home. The contributions which would qualify are to be widely defined. The court would then be able to define and declare the parties interests by reference to the contributions made. The scheme is not intended to give the court the discretion to adjust or to re-allocate property rights. even the current laws position, as joint tenants, Ann, Claire and Brenda have equal share in the house. With the death of Brenda, the survivors, Ann and Claire, take over the property (Joint Tenancy).On the basis that Joe and Tina have an interest in the house, whether they could enforce a sale of the houseBesides Brendas