From the case study, It can be understood that James, Claire, and the client are the there descendants of the property “The Spinney”. They were staying in the property that was inherited by them from their late uncle George. It can be seen that James is allowing their neighbors to access the garden, as the neighbors do not have much area of gardening. When being questioned by my client, a reply came from James end that they can use the garden by sharing the work of the garden, and the cost of the seeds. Therefore, my client needs to tolerate the neighbors at different intervals of time. This is because James has given them permission to visit the garden whenever they felt for it. There is suspicion created in the minds of the client that the neighbors have paid James, for using the garden. This can also lead to an instance in the selling of the garden area to the neighbors. It can be the reason of peeping up of neighbors at different intervals[1].

Therefore, in such instance, my client needs to talk with James and Claire at the same time for detailing the issues of land. This can be done by calling a surveyor and demarcating the area with three equal halves in “The Spinney”. This can generally make a proper and equalizations of the property that has been inherited by the three of them. Now if the garden area falls under the ownership of James, then he has the full right of selling that part and taking money. But in the first instance, the land needs to be properly demarcated, and according to the inheritance, the paper should be made on the law of property. Further steps can be taken in order of Inheritance law in the UK.  This will make a proper separation of the land, and three of them can owe the land as their piece of property. This will further analyze that neighbors’ will be allowed or not to across the garden area. If the position of the land is not owned by James, the client does not have to tolerate the neighbor’s access to the garden anymore[2].

According to the will made by George, the three of them have equal rights on the property. Therefore after doing the mutual distribution of land area, they need to approve it by the action of registration. Registration will generally put a hallmark to the specific demarcation that has been made by the surveyor in calculating the equal portion of land. Then there will be basic conversation done on taking up consent to sell the land of my client’s area. This is because it has been already told that James does not have much interest if selling the land, as he has settled there with many new friends and neighbors. Moreover, he is an artist, so he does not possess any regular source of income daily. On the other hand, Claire is not sure about selling the land. At times, she thinks that she will settle in England after her work at Germany finishes, but at the same time, she is not at all interested in staying to England. But still, she is not sure if selling the property directly. The registration will lead to three separate property holders within a specific area within the “The Spinney”. Therefore after a mutual conversation between the three of them, my client can sell the property and can get the valuation of the share according to the present value. It will fulfil her dream of buying a separate house and living with his fiancée. She does not have to tolerate unnecessary people to come inside her property and disturb her[3].

Therefore by maintaining all the rights and regulation related to the law of property, my client needs to precede her step with demarcating the land into three equal halves in the first instance. This will lead to a proper solution. When the surveyor will be called, then a mutual conversation is also required within the three of them, if it is found that James is not allowing any surveyor to calculate the land area in three equal halves then, my client will be sure that James is getting paid by the neighbors so that they can use the garden area. In that case, there are different laws and regulation that can be pushed against James to understand the inner problems that are going on and the motivation of James towards the property can also be highlighted. My client can claim by filing a partition suit in the court of law and then the property can be claimed that is being inherited from the uncle. Therefore this is the only ways through my client can get full access towards her share in the property[4].

5.

The instance is different in the matter of fencing. It can be said that my client is interested in selling the property. Therefore her aim should be in selling the property and get the share. This will fetch her money according to the current valuation so that she can buy property in another area and live with her fiancée. It can be said that the maintenance cost that is related to fencing is not required because; my client is not interested in staying here. Therefore any disputes regarding the land and fencing area can be best settled by the new landowners who will come and reside in that place. Therefore there is no way of repairing the fence at this point. This is because if my client wanted to settle in this property, then she could invest some money in repairing the fence or making a gate. But in such instance, the neighbors are pressurizing not to make a solid fence[5].

This is because if a solid fence is made between their land and the “The Spinney”, then they cannot access the garden area in a proper way as they are doing it now. They are generally using the garden area in their way, after taking permission from James. Maybe they have paid something to James so that James cannot say anything for the usage of the garden. Therefore when the fence needs to be repaired, they are pressuring my client to make a gate, so that a gate can allow the access to the property of “The Spinney” in a proper way. Therefore making a gate would be the most incorrect decision for my client. It will give them full access to the garden area at any point in time. Rather my client should focus on demarcating her share from the joint property that is being inherited from the Uncle George. This will make a proper decision in dealing with the property in a specific way.

This will at the first instance satisfy her brother and sister. This is because each of them will get their share of land can do whatever they feel like with the property. This depends on the way she wants to utilize the land[6].

Therefore it can be said that my client should concentrate on how that land us to be demarcated. This is because according to my legal assumption, I do not think that demarcation will be an easy process here. This is because James has already made some different plans to deal with the land and the property. This is the only reason he was constantly arguing with my client when she repeatedly told that she does not like the neighbors to get into the garden area at any time. Therefore there are many legal actions to be taken against James just to get back the share of the land. Therefore proper filling needs to be done, just to get back the share. It will make my client get the exact area that has been gifted to them by her uncle[7].

Therefore the client does not have to pay anything related to the fencing or with the making of the gate. This is because the contribution to such activities will generally provide scope to the neighbors to pressurize them to do other actions related to the access of land. One by one there will be different instances that will be generated, and these problems cannot be solved. Therefore legal actions are a necessary part of such dealings. It will generally lead to a proper solution in the future. There will be no such complications that can harm the interest of my client in selling the land and buying a house in some other area. On the other hand, if my client changes her perspectives and tries to stay in this property only, then again she should first demarcate the actual area and then she should never agree to build a gate[8]. This is because a gate will provide an easy way for the neighbors to access the property of The Spinney.

Bibliography

Journals

Burshtein S, ‘Is A Domain Name Property?’ (2005) 1 Journal of Intellectual Property Law & Practice

Graf FM Kri anac, ‘Program Logic In The Field Of Intellectual Property: Protectability Under Austrian Law’ (2014) 9 Journal of Intellectual Property Law & Practice

Hetland J, ‘Real Property And Real Property Security: The Well-Being Of The Law’ (1965) 53 California Law Review

Kieninger E, ‘Freedom Of Choice Of Law In The Law Of Property?’ (2018) 7 European Property Law Journal

Neethu R, ‘Braiding Intellectual Property Law With Human Rights’ (2014) 9 Journal of Intellectual Property Law & Practice

Rupp C, ‘What’S New In European Property Law?’ (2017) 6 European Property Law Journal

  Scotford ER Walsh, ‘The Symbiosis Of Property And English Environmental Law – Property Rights In A Public Law Context’ (2013) 76 The Modern Law Review

Wilkof N, ‘Paradoxes And Intellectual Property Law’ (2013) 8 Journal of Intellectual Property Law & Practice

[1] Eloise Scotford and Rachael Walsh, ‘The Symbiosis Of Property And English Environmental Law – Property Rights In A Public Law Context’ (2013) 76 The Modern Law Review.

[2] S. Burshtein, ‘Is A Domain Name Property?’ (2005) 1 Journal of Intellectual Property Law & Practice.

[3] Caroline S. Rupp, ‘What’S New In European Property Law?’ (2017) 6 European Property Law Journal.

[4] John R. Hetland, ‘Real Property And Real Property Security: The Well-Being Of The Law’ (1965) 53 California Law Review.

[5] Eva Maria Kieninger, ‘Freedom Of Choice Of Law In The Law Of Property?’ (2018) 7 European Property Law Journal.

[6]: R. Neethu, ‘Braiding Intellectual Property Law With Human Rights’ (2014) 9 Journal of Intellectual Property Law & Practice.

[7]: F. Graf and M. Kri an, ‘Program Logic In The Field Of Intellectual Property: Protectability Under Austrian Law’ (2014) 9 Journal of Intellectual Property Law & Practice

[8] N. Wilkof, ‘Paradoxes And Intellectual Property Law’ (2013) 8 Journal of Intellectual Property Law & Practice.