Advice to Anna with regard to the issue of the flat
Anna is the registered proprietor of two properties. The first is a shop with a flat above. Anna inherited this in 2001, and, until it becomes vacant in 2012, has has let the shop to tenants who have used it as a florists. The property is subject to a covenant in favour of her neighbour, Barney, not to use the premises for the sale of food and drink. At the end of December 2010, Anna granted Claire, by deed, a lease of the flat aboce the shop for 5 years . In 2013 Anna opened a restaurant in the former shop. Annas other property is a house shepurchased in 2010and in which she lives with her husband, Duncan, whom she married in 2011. Duncan contributed a quarter of the purchase price fof the house but it wasa registered in Annas sole name.In adition Duncan paid for the new fitted carpets of thehouse and the construction of a new summerhouse in the garden. Anna and Duncan’s marriage has now broken down and Anna wants to sell the house and restaurant and flat Emma and she is worried that Barry may want to enforce the coveant. Emma would also like to evict Claire so that she may expand the restaurant nto the first floor of the property. The buyer of the house, Faheem, wishes to have the carpets and summerhouse included in the sale. But Duncan refuses tomove out and insists the carpets and summerhouse are his in any event. a-advise Anna as to the various rights affecting the restaurant and flat and whether they are binding on her b-Advise Faheem as to whether Duncan I entitled to remain in the property and, if not, whether he Is entitled to remove the carpets and summerhouse.
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