In 1999, Donald purchased a disused railway station on a small branch railway line, which consisted of two buildings; two platforms; and the rail track.

Question & Submission Instructions

  1. Question
    In 1999, Donald purchased a disused railway station on a small branch railway line, which consisted of two buildings; two platforms; and the rail track. He converted the main station building into a domestic home for his and his family’s occupation; and he converted the old
    station master’s cottage on the opposite side of the track into a self-contained cottage which he intended to rent out to rail enthusiasts on a weekly basis. Six months later, Donald purchased an old, self-propelled railway carriage which he had moved, under its own power, to be situated on the track which passed through his land between the two platforms. He called his land Station Ary.
    After only a year, Donald’s business of renting out the Station Master’s Cottage was very successful and demand grew. Donald decided to increase his accommodation capacity by converting the carriage into self-contained accommodation: he removed all the old seating
    and the engine that used to power the carriage and refitted it with luxurious domestic furniture. In order to provide guests with shelter as they entered the carriage after checking in with him in his main house, he erected a painted, aluminium sheet which was welded at one end to his house and at the other, was welded to the carriage roof just above its door.
    To ensure that the carriage was stable, Donald removed the track from either side of the carriage and welded triangular chocks onto the remaining track under the carriage itself, either side of the carriage’s wheels. He installed mains electricity, gas and water connections to the carriage so that it was self-contained.
    Earlier this year, Donald decided to sell Station Ary as he approached retirement. Boris, an enthusiastic but rather amateur art collector, arranged to view the property. He wasn’t really interested in railways but wondered if the property might be interesting Walking under the aluminium strip between the main house and the carriage, Boris noted that the painting on the underside of the strip was in fact, Vanksy’s “Chip Butty in Drizzle, An Eastbourne Summer” which was highly collectable and probably worth millions. That afternoon and having taken Donald’s mobile number, Boris started a WhatsApp conversation with Donald, as follows: Boris: Hi Donald it’s Boris. I loved Station Ary and I really want to buy it. What’s the Price?
    Bozza Donald: Hello Boris, good to hear from you. It’s yours at a snip for £500,000. Donaldo xx
    Boris: I say old boy, that’s a bit steep. How about £450,000? Bozza
    Donald: Boris, this is the bester and biggliest station around. I couldn’t take lower than
    £475k. Donaldo xx
    Boris: OK, you drive a hard bargain Donny but done. I’ll buy Stationary for £475,000. Shall
    we settle up on a couple of weeks? Bozza.
    Donald: Fine with me, nice doing business with you. Donaldo xx
    The following morning, Donald and Boris swapped further messages.
    Boris: Do you mind if I re-lay the missing track to add some authenticity? Bozza
    Donald: You can if you want, I don’t care what you do. D
    Boris then engaged a private railway company, TrackRail, to re-lay the track either side of
    the carriage. TrackRail began work immediately, completed the task in two days and sent
    Boris an invoice for £50,000.
    Boris next visited Station Ary the day before completion. He was horrified to see that the
    carriage had gone as well as the aluminium covering between the house and where the
    carriage had been. He was furious. He knocked on the door of Donald’s house and when
    Donald appeared, asked where the carriage and the aluminium strip had gone. Donald
    replied that they had been removed by crane and lorry and that he was in the process of
    selling them to a Richard Bransoom, who thought that a stationary carriage would increase
    the efficiency of his own train company. Boris told Donald that in that case, he wasn’t going
    to buy Station Ary; and that Donald would have to settle TrackRail’s bill.
    Donald just laughed at Boris and said: “Dude, you’re committed; pay up tomorrow or
    there’ll be trouble!”
    Boris seeks your advice as to what to do. Advise Boris as to his legal position, providing
    authority throughout.
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