Mark is demanding that leo remove his wine from the cottage

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Reference no: EM133638363

Case: Julia is the registered proprietor of a plot of land that includes a house with single garage and an adjacent cottage. In January 2014, Julia allows her close friend, Kingsley, to live rent-free in the cottage. Given their long-standing friendship, Julia also tells Kingsley that he can use the garage to park his car.

Water reaches the cottage via a pipe running underground from the house. The water is metered on entry to the house, and the monthly bill paid by Julia. Julia agrees not to interfere with the flow of water to the cottage; Kingsley is grateful that he does not have to arrange a separate water supply. Julia has a collection of wine which she keeps in a corner of the cottage's cellar.

In June 2015, Julia decides to sell the cottage to Kingsley. The freehold estate is transferred by deed, and Kingsley registered as new proprietor. In October 2015, Julia formally gives Kingsley the right to park in the garage in return for a payment of £200. The right is conferred by a deed signed by both Julia and Kingsley, but is not registered against the freehold estate in the house.

In October 2016, Julia sells the house and garage to Leo; he is registered as freehold proprietor shortly thereafter. Leo also buys Julia's wine collection which remains in the cellar of the cottage. In February 2017, Kingsley sells the freehold estate in the cottage to Mark.

The following disputes have now arisen:

Mark wishes to park his car in the garage; Leo objects to this
Leo has interrupted the flow of water to the cottage; Mark objects to this
Mark is demanding that Leo remove his wine from the cottage's cellar

Reference no: EM133638363

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