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Question: els property rivendell is adjacent to another property loriyan in...

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El’s property RivenDell is adjacent to another property “Loriyan” in which his neighbour Gladys had previously lived as the registered proprietor. The estate Loriyan comprises a timber plantation and a spacious manor (i.e. a large country house).

 

20 years ago Gladys had moved overseas to conduct some important business telling her neighbour El to ‘keep an eye’ on Loriyan while he was away.

 

18 years ago El, noticing that Gladys had still not returned, El began to harvest timber from the timber plantation at Loriyan to supplement his income.

 

16 years ago, El, experiencing serious financial difficulty, surreptitiously began to store valuable goods in the empty double garage of the Manor at Loriyan as part of a self-storage business he established to earn additional income. El picked the locks to the garage to gain access at night time when he would covertly move goods in and out of the garage.

 

12 years ago, Gladys briefly drove past Loriyan (on the highway) on the way to visit El – not noticing that her double garage was being used for storage or that timber had been harvested - and gave El the keys to her property to use ‘for an emergency’ after which she returns overseas again. From this date onwards, unbeknownst to Gladys, El begins to lodge many tourists in the empty Manor House at Loriyan for short stays (1-2 days) throughout the summer season each year to further supplement his income (although the Manor house itself remains vacant for the other seasons each year).

 

11 years and 364 days after Gladys first gave El the keys to her property to use ‘for an emergency’ (i.e. yesterday), Gladys returns from overseas and thanks El for keeping an eye on Loriyan and indicates that she will move back into the house in a couple of weeks (although El still retains the only set of keys to Loriyan).

a)    Advise El regarding his legal position in relation to ‘Loriyan’. (10 marks)

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