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Real Property - Covenants
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Issue
This case is mostly discussing the land dispute issue and this case comes under the “Law of Property Act, 1925”. Melinda was a registered proprietor in Canden, UK, and she divided the land into 7 lots, which has been registered under “S88B” of the “Conveyancing Act 1919”. Amongst the 7 lots, Lot 3 is owned by Cara. She parked a campervan on her front lawn and the campervan was sitting there for too long that the weed had grown around it. The aesthetics of the neighborhood has been violated and Cara's neighbor Ryder is not happy with weed growing. The main issue is raising whether Ryder can enforce a covenant against Cara. Other than that, Melinda divided the land in 1972, and it needs to be evaluated the circumstances if she subdivided the land in 1959 instead of 1972. Analyzing the current applicable laws, evaluating the covenant, and making recommendations is the main purpose of the report.
Relevant Law
Cara is the owner of Lot 3 and weed has been grown on her land which is the main concern of Ryder, who is the owner of Lot 1. Weed comes under the Class B drug and it is controlled by the “Misuse of Drugs Act 1971”. Cannabis or weed is illegal in the UK and it can violate the “Aesthetics of the neighborhood”. Moreover, according to the “Conveyancing Act 1919”, it has been highlighted that no campervan or any type of van cannot be installed in the lot, which has been violated by the Cars, the owner of lot 3. After analyzing the current scenario, it has been determined that Ryder can't raise a complaint against Car for not taking care of her garden and for producing illegal crops in the neighborhood. Ryder can enforce a complaint in “Neighbor Disputes Service (NDS)” against Cara. Furthermore, Melinda subdivided the law under the “Conveyancing Act 1919” and according to the law, she can also enforce complaints against Cara for not following the rules. On Contrary, weed is coming under class B drugs in the year 1959 under the “Conveyancing Act 1959”. Furthermore, it has been determined that the “Law of Property Act, 1925” is applicable in this report and it can help Ryder to get proper knowledge of the current scenario.
Applying to the Law
After analyzing the process, it has been cleared that Ryder can enforce a complaint against Cars for violating the aesthetics of the neighborhood. Moreover, the Neighbor Disputes Service (NDS) can help Ryder to resolve the dispute by applying the “Law of Property Act, 1925”. According to the “Land Registration Act, of 2002” a person in the UK cannot grow any illegal crops and weed is a group B drug that is illegal in the UK under “The Misuse of Drugs Act 1971”. The government of the UK can take legal steps against Cara for growing weeds and it is a punishable offense in the UK. “Neighborhood Dispute (Dividing Fences and Trees) Act 2011” is also applicable in the case scenario which has the power to dispute settlement. However, the weeds were grown by themselves and it has not been grown intentionally which can help Cara to give the benefit of the doubt. Other than that, violating the conveyance is a punishable offense in the UK and Cara needs to take care of her illegal crop and she needs to move her vehicle according to the “Conveyancing Act 1919”. According to the “McGill v Stewart & Anor '' case, the court made the decision to settle the dispute by implementing online resolutions.
Conclusion
After analyzing the current scenario, it has been determined that Rayder, owner of Lot 1 has the right to enforce a complaint against Cara, owner of Lot 3. According to the “Land Registration Act, of 2002” every landowner in the UK needs to follow the basic rule of the neighborhood and they also need to communicate with their neighbors for better understanding. On the other hand, Ryder can communicate with Cara to clear the weed with the help of the Neighbor Disputes Service (NDS). Moreover, it is important for Cara to understand the situation and she needs to make changes in her front lawn under the “Misuse of Drugs Act 1971”. Lastly, it has been comp [rise that Melinda's needs can also take steps for violating “S88B” of the “Conveyancing Act 1919”. The dispute settlement can be solved by implementing “The Neighborhood Dispute (Dividing Fences and Trees) Act 2011” and “The Law of Property Act, 1925”.
- Legislation, Conveyancing Act 1919 No, 2022, https://legislation.nsw.gov.au/view/html/inforce/current/act-1919-006
- Health-, Misuse of Drugs Act 1971, 2022, https://www.health-ni.gov.uk/articles/misuse-drugs-legislations#:~:text=Misuse%20of%20Drugs%20Act%201971,-Whilst%20much%20of&text=The%20main%20purpose%20of%20the,from%20the%20Secretary%20of%20State.
- Lawgazette, Law of Property Act 1925,. 2022, https://www.lawgazette.co.uk/news/keep-neighbour-disputes-out-of-court-urges-master/5106798.article.
- Gov, Resolving neighbour disputes, 2022, <https://www.gov.uk/how-to-resolve-neighbour-disputes#:~:text=If%20the%20dispute%20involves%20a,legal%20action%20through%20the%20courts>
- Thesun, WEED IT AND WEEP My neighbour’s weeds are growing into my garden – what are my legal rights? 2022, https://www.thesun.co.uk/money/18402869/neighbours-weeds-growing-into-garden-legal-rights/
- Health-, Misuse of Drugs Act 1971, 2022, <https://www.health-ni.gov.uk/articles/misuse-drugs-legislations#:~:text=Misuse%20of%20Drugs%20Act%201971,-Whilst%20much%20of&text=The%20main%20purpose%20of%20the,from%20the%20Secretary%20of%20State.>
