James has Four children: Katelyn, Alison, Gordon (RIP 2006), and George. On his last Doctors appointment, he was told that he has 3: Law Case Study, UOD, Ireland

Land Law, Equity & Succession Law

James has Four children: Katelyn, Alison, Gordon (RIP 2006), and George. On his last Doctors appointment, he was told that he has 3 months to live. He has always said that he would like to leave his house to James and Jenny, Gordon’s children.

1. Give James 4 reasons why he should make a will and explain to James how to make a valid will in Ireland
2. If James does not leave a will, what will happen to the house? Give a detailed explanation according to Law of what will happen to the property.
3. Explain what is meant by the Law of Equity, refer to the principles of equity, and consider whether equity could be of use in the above scenario.

Planning

Michael Griffith is intending to apply for planning permission for a dormer bungalow in Burton Port along the Wild Atlantic Way. He can buy the site from the Vendor with Outline planning; Nonetheless, his Engineer has advised him to purchase the site “Subject to Full Planning Permission”. The engineer has also advised that a treatment system may be required because of the proximity to the coast. You are required to advise John on the following:

1. Advice Michael on the Process of making a planning application
2. Should Michael take his Engineers’ advice and purchase the site subject to full planning, what are the consequences of purchasing the site with outline planning permission,
3. What effect have environmental protection areas such as the Wild Atlantic Way had on the Irish planning system?

Lease V License

Brian works in a local supermarket and the boss stated that there is an apartment overhead to which all employees have access. They can use the showers and have their breaks and occasionally stay over there. Brian took this to mean that he could reside in the apartment. After a number of weeks, the boss stated that his relative would be staying in the apartment for the next month and that no employees were allowed access for that period. Jim is considering taking a case to the PRTB. You are asked to advise Brian on the Following:

1. Has Brian the grounds to take a case to the PRTB
2. Discuss the differences between a lease and a license giving examples of each
3. “Does a license constitute a tenancy” Discuss