Description1. In the 1950s Ben sold part of the garden of his house to Isaac to build a new homeon. Ben and Isaac entered into the following covenants in the transfer:i) the land would only be used for residential purposes and not for businesspurposesii) that no nuisance would be caused to neighbouring propertyiii) that only one single-story building would be constructed on the landiv) that the remaining land around that building would only be used as gardenwithout any structuresv) that the garden would be maintained to a high standard with a grass lawnand planted flowerbeds.Over the years Ben and Isaac both sold on their properties and now they areowned by Yvette and Mo respectively.Mo wants to open a new residential nursing home for elderly patients at theproperty. Mo wants to enlarge the current property by building an extra storey andredesigning the garden so it is an outdoor seating area with stone paving, statuesand fountains. There is a shortage of care provision in the local area and Mo hasalready received planning permission.Yvette strongly objects to her neighbours plans. Yvette says Mos plans willbreach the covenants. Mo and Yvette argued after Yvette said that she refused tolive next door to lots of elderly people as they are a nuisance. Mo wants to startthe building work next week. Mo has told Yvette that the covenants are irrelevantas they are old and can be automatically modified or discharged at any time.Advise Mo whether the freehold covenants are binding and whether Mo can startbuilding work next week.3. The importance of severancelies in the fact that where a tenancy in common inequity exists, the right of survivorship will not operate in relation to the equitableinterest, allowing the equitable co-owner to dispose of their interest under a will.Emma Lees, The Principles of Land Law (OUP 2020) 507Explain and discuss the right of survivorship, the methods of severing the jointtenancy in equity and your views on proposals for reforming these methods.
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