Property Law Assignment

The first question should be answered in the appropriate style for problem questions, with the second question answered in the style or essay questions.

Question One -

Aluna bought her home in January 2004 and moved in immediately. It had a very large but overgrown garden and next to this there was a field which only had a few trees. Aluna bought the property because, in addition to having a large garden, she liked the fact that it was next to a field. The garden was extremely overgrown, which Aluna cleared during the summer in 2005. Unfortunately once the garden was cleared, there was no clear boundary between Aluna's garden and the field. Consequently, in January 2006 Aluna built a fence where she felt the boundary was although she did not consult any plans. The fence Aluna built ran the whole length of the land, meaning that the part of the field covered by the fence was now cut off from the rest of the field, and was only accessible from Aluna's land.

Kendrick purchased the field next to Aluna's property in January 2013. Kendrick is a successful property developer, who specialises in small residential developments and this field was ideal for him. Kendrick obtained planning permission in January 2014 to build three residential properties on the field and he started work immediately afterwards.

The first task for Kendrick was to prepare the field for the building work. When clearing the field, Kendrick and his builder came across the fence that Aluna had built. Kendrick was baffled as to why the fence was there as he felt this was clearly on the field he bought. Kendrick consulted his plans which showed that the fence was on his land by 200 metres. Consequently, he tells his builder to rip up the fence. When Aluna saw this, she was furious, ran out of her home, and shouted at the builder telling him to stop immediately. Aluna then yelled at Kendrick, "I'll get my lawyers on you!" Kendrick, mindful that he would need good relations with his neighbours because the building work could cause them some disruption, told his builder to stop work. Shortly afterwards, the building work stopped as Kendrick had run into financial difficulties. When the building work stopped, Aluna rebuilt the fence.

In January 2015, Kendrick had resolved his financial difficulties and restarted building work. Again, the fence was an issue. Kendrick writes to Aluna, informing her that after consulting with his lawyers the fence that she built is clearly on his land, and offers to remove the fence. Aluna replies with a short letter which stated, "there's no way I'm moving my fence, it's on my land. I don't care what your lawyers say".

Kendrick has come to you for advice, as he simply cannot believe that Aluna can attempt to take land like this just by building a fence.

Advise Kendrick.

Question Two -

"Considering that certainty is an important feature of property law, the requirements of a successful proprietary estoppel claim remain disappointingly vague".

Discuss.