Prepare a Barristers OPINION giving advice in relation to the following
Until recently Arthur had, for many years, been the registered freehold owner of Highgate Mansion, a large house set in five acres of land in Somerset (‘the property’). In 2005 Arthur, by deed, granted his neighbour Mohammed, a right to park one car in the grounds of the property, for a period of 40 years. This right was never registered. In 2007 Arthur’s girlfriend Molly moved into the property. In 2008 Arthur told Molly she should help Arthur pay his mortgage each month, then she could claim a share of the property as her own. After this Molly paid half of Arthur’s mortgage payments each and every month. Two months ago Arthur sold and transferred the property to Robert for £10 million. At the time of sale, at the request of Roberts solicitors and after having received independent legal advice, Molly signed a document ‘waiving any rights andlor interest she might have in relation to the property’. Following receipt of this Robert exchanged contracts in relation to his purchase of the property. Molly now claims the property is still her home and refuses to leave. Robert is demanding Molly vacate the property and has also written to Mohammed suggesting he should stop parking his car at the property. Advise Robert whether (i) he can lawfully evict Molly and (ii) he can lawfully terminate Mohammed’s right to park his car at the property.