LL5004 - Law of Property - Law Assignment Help

Assignment Task

QUESTION ONE

Critically analyse how Lord Templeman shone a light on the practical and legal distinction between a lease and a licence in Street v Mountford [1985] AC 809 and illuminated the way ahead for case law that followed.

QUESTION TWO

Amelia is the registered freeholder of Evergreen Lodge. Evergreen Lodge comprises Juniper House, which Amelia lives in, with an adjoining single storey hair salon, from which she ran her hairdressing business for 40 years. Since one wall of Juniper House faced the main road, Amelia used the wall to hang a sign advertising her hairdressing business, as Amelia’s predecessor had done. However in 2013 the sign had been damaged in bad weather storms so Amelia removed it.

In 2014, when Amelia retired from hairdressing, she granted Beryl a lease of the hair salon for 5 years. There were no express grants or reservations of any easements in the lease.

Six months after Beryl opened for business, Amelia gave permission for Beryl to hang a business sign in the same place on the wall of Juniper House. In return, Beryl continued to allow Amelia to park her car in the hair salon’s parking area, which Amelia had always done when she owned the salon, to avoid having to park on the main road outside her house.

In 2019, the lease was renewed for another 5 years, again, without any express grants or reservations of any easements.

Two months ago, Amelia and Beryl fell out after Beryl accidentally burnt Amelia’s hair with hair straighteners. Amelia told Beryl that she had to remove the sign from the side of her house and in retaliation Beryl told Amelia she was no longer able to park her car in the salon’s parking area.

Advise Beryl as to:

(a) whether the two rights are capable of being easements; and

(b) how, if at all, they may have been created.

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