Need help on the following Questions Below:
1. Perry Barr Developments are developing a housing estate in three phases. They have employed Quick Build as the main contractor.
‘Phase One’ is now complete and Perry Barr Developments have started selling the houses. Jan has purchased plot number six and she moved in two months ago.
Since moving in, Jan has complained about the noise, vibration and the dust created by the construction of ‘Phase Two’. She also complains that the trucks delivering materials to the site regularly stop outside her house blocking her access. She has complained on several occasions to Quick Build pointing out that the truck drivers refuse to use the compound fifty metres away where they should park to unload because it takes up too much time for them to park up properly and it is a greater distance to carry the materials to the actual building site.
Advise all parties as to their legal rights and responsibilities.
2. BCU Industries Ltd rent a small factory from Aston Properties plc. When they took the lease the factory it was in a poor state of repair and unmodernized.
With their landlord’s consent, BCU spent £100,000 on bringing the property up to a modern standard including the installation of:
•A fully fitted shower block to encourage their work force to cycle to work rather than use cars
•A fitted kitchen with built in units including fridge freezer, dishwasher, split level oven and hob to provide meals for the employees;
•Security lighting and CCTV cameras outside;
BCU has fallen behind with the rent and the Landlord is taking possession proceedings against him.
BCU want to remove many of the items they have installed at the premises, but the Landlord insists that they leave things just as they are.
3. Farmer Giles keeps machinery on his land at some distance from the farmhouse. He has been made aware of the fact that local village children have taken to playing on and around the equipment. Although he realises it is potentially dangerous he has taken the attitude that it is the parents’ responsibility to control these children who are trespassing on his land. He does however put up a notice near the machinery saying ‘Danger’. Yesterday two children Jack aged 4 and Jill aged 12 were injured when part of a combine harvester fell on them when it broke while other village children were climbing on it.
Advise all parties.
4. Tony is interested in buying a house from Phil that is located in a very quiet suburb of a small Midlands market town.
Phil tells Tony that he is the sole owner and that the house is registered in his name only. On the second visit to the house Tony met Liz, Phil’s wife, and their son, Charlie. He also noticed a car parked in the drive, but he knows for a fact that neither Phil nor Liz own a car. As Tony is leaving the house he meets Phil’s neighbour, Gordon, who tells him that the car is his and that he regularly uses Phil’s drive, as his own house does not have a garage. During the conversation Tony happened to mention to Gordon that he was thinking of using one of the rooms in the house as an office and Gordon tells him that there is a clause in the deeds to all the houses in the street that won’t allow such use.
What legal issues does the above scenario raise, and how can Tony discover the details?
5. Pattie O’Furniture, Manager of the Fawlty Hotel, has had a marketing push and expanded the weddings trade at the hotel. In order to make full use of the venue she has decided to have a marquee erected in the hotel grounds for the 9 months of the wedding season. The marquee is 50 metres by 20 metres and 4.5 metres at the ridge. The contractors take several days to put the marquee up or to take it down and it is securely fixed to the ground. Pattie wants your advice on whether or not she will require planning permission.
Advise Pattie with reference to the key elements in deciding whether something is a building or not as con?