Land Law

2005-2012
 Examination papers and Examiners’ reports 2005

Examination paper 2005

Zone A
Time allowed: three hours
Answer four of the following eight questions.

1. ‘The current law of forfeiture is notoriously complicated, out-dated and

difficult to use. There are too many pitfalls for the unwary landlord, and
too great a risk of confusion for the unrepresented tenant.’
Discuss, indicating how, if at all, the law should be reformed.
2. Lord McArdle was the registered owner of the 1000-acre McArdle
estate. In 1975 he developed a four-acre area on the edge of the estate.
He divided the area into four equal plots and on each plot he built a
substantial detached house. He sold the plots in succession, plot A to
Ann, plot B to Bill, plot C to Cal and plot D to Diana. Each of the
purchasers covenanted ‘with Lord McArdle and his successors in title’ to
maintain the house as a single dwelling-house and to keep the exterior
of the house in a good state of decoration and repair. Two years later
Lord McArdle developed a further two adjoining plots and sold them,
plot J to Jack and plot K to Ken, subject to the same covenants. Since
then all the plots have changed hands and the McArdle estate has been
sold to Peter. The present owner of plot C, Harry, wants to convert his
house into flats and the present owner of plot J, Tom, wants to run a
travel agency from his house. Tom is unwilling to spend money on
repainting the house. Harry and Tom want to know whether they are
bound by the covenants, and if so, who can enforcre the covenants
against them.
Advise Harry and Tom.
3. In 1999 Charles, a married man, formed a relationship with Pam, and,
when she gave birth to their son, Ben, he suggested that she and Ben
should move out of the small flat which she rented and into a house
which he would buy for them. Charles planned to move in with Pam
and Ben, once he had obtained a divorce. He purchased a house for
£200,000 and was registered as the sole owner. He paid the deposit of
£20,000 and he was solely responsible for the mortgage repayments.
Moreover, he paid all the household bills and provided Pam with an
allowance. Pam stayed at home, looking after Ben and doing the jobs
that needed to be done around the house and garden. In 2004 the
relationship came to an end and Charles now wants Pam and Ben to
move out of the house so that he can install his new girlfriend there.
Advise Pam. How, if at all, would your advice differ if Pam had
contributed £5,000 to the original deposit?

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4. Jim was the registered owner of Blackacre, where he carried on a

vehicle-repair business. Adjoining Blackacre there was a plot of land on
which there was a terrace of uninhabited houses awaiting demolition.
The local council was the registered owner of this plot and it planned to
develop the plot by building a small block of flats. In the meantime it
had boarded up the houses. In 1992 Jim removed the boards from the
house closest to Blackacre and began using the house for storage
purposes. He fixed a steel door to which he attached a padlock and in
1993 he installed electricity, which enabled him to do small repair jobs
in the house. The council’s representative visited the plot from time to
time and was aware of what Jim was doing, but he raised no objection.
Early in 2005 the council wrote to Jim informing him that it wished to
redevelop the plot and demanding that he leave.
Advise Jim. How, if at all, would your advice differ if the plot had been
unregistered land?
5. ‘The old principle that there should be ‘no clogs on the equity of
redemption’ is one that the courts seem increasingly reluctant to
uphold.’
Discuss.
6. Les was the registered owner of two adjoining farms, Cowleaze Farm
and Parsley Farm. In 1999 he granted Tim a fifteen-year lease of
Cowleaze. Tim covenanted, inter alia, to pay an annual rent (payable
quarterly in advance) and not to build on Cowleaze. The performance
of the covenants was guaranteed by a surety, Gavin. Les covenanted to
maintain the wall that separated Cowleaze from Parsley Farm; this
covenant was expressed to be personal. In 2002 Les assigned his
reversion to Rita and in 2003 Tim assigned his lease to Andy. In 2004
Andy granted a five-year sublease of Cowleaze to Stan, who has recently
started to build on Cowleaze. Rita has received no rent since she
acquired the reversion.
Rita now seeks advice on three issues:
(i) From whom can she uncover the unpaid rent?
(ii) Can she enforce the building covenant against Stan?
(iii) Is she under an obligation to maintain the wall?
Advise Rita. How, if at all, would your advice differ if the original lease
had been granted in 1995?
7. Mr and Mrs Brown were the registered owners of a restaurant and an
adjoining field situated on the edge of a village. Customers at the
restaurant used the field to park their cars, and where the field fronted
onto the road, the Browns had put up wooden signs advertising the
resturant. In 2002 the Browns sold the restaurant to Barry, a celebrity
chef, and in 2003 they sold the field to Dave, a local farmer. Since Barry
bought the restaurant, the number of customers parking on the field has
increased significantly and Barry has replaced the signs with neon lights.
Dave has now removed the lights and blocked access to the field from
the restaurant.
Discuss.
8. Angus and Karen formed a relationship in 1990 and Karen went to live
with Angus in his substantial house. He provided her with a generous
allowance. In the course of the next few years Angus became an
alcoholic and his unpredictable behaviour caused Karen to move out for
short periods. In 1999 Angus became seriously ill and it became hard

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for him to leave the house without help. He told Karen that, if she was
prepared to stay with him and look after him, he would leave her the
house in his will. For four years she nursed him and did most of the
shopping, cooking and cleaning. In 2003 they had a major row and
Angus accused Karen of stealing some of his silver. Karen left the house
and never returned. Angus moved into the cottage of his sister, Mabel.
He stopped paying Karen’s allowance and he made a new will leaving
the whole of his estate (including the house) to Mabel. Angus has now
died.
Advise Karen.

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 Examination papers and Examiners’ reports 2005

Examination paper 2005

Zone B
Time allowed: three hours
Answer four of the following eight questions.

1. ‘It is well established that for a lease to exist there must be both
exclusive possession and certainty of term. However, it is far from clear
exactly what those two expressions mean.’
Discuss.
2. Lord McArdle was the registered owner of the 1000-acre McArdle
estate. In 1975 he developed a four-acre area on the edge of the estate.
He divided the area into four equal plots and on each plot he built a
substantial detached house. He sold the plots in succession, plot A to
Ann, plot B to Bill, plot C to Cal and plot D to Diana. Each of the
purchasers covenanted ‘with Lord McArdle and his successors in title” to
maintain the house as a single dwelling-house and to keep the exterior
of the house in a good state of decoration and repair. Two years later
Lord McArdle developed a further two adjoining plots and sold them,
plot J to Jack and plot K to Ken, subject to the same covenants. Since
then all the plots have changed hands and the McArdle estate has been
sold to Peter. The present owner of plot C, Harry, wants to convert his
house into flats and the present owner of plot J, Tom, wants to run a
travel agency from his house. Tom is unwilling to spend money on
repainting the house. Harry and Tom want to know whether they are
bound by the covenants, and if so, who can enforcre the covenants
against them.
Advise Harry and Tom.
3. In 1999 Charles, a married man, formed a relationship with Pam, and,
when she gave birth to their son, Ben, he suggested that she and Ben
should move out of the small flat which she rented and into a house
which he would buy for them. Charles planned to move in with Pam
and Ben, once he had obtained a divorce. He purchased a house for
£200,000 and was registered as the sole owner. He paid the deposit of
£20,000 and he was solely responsible for the mortgage repayments.
Moreover, he paid all the household bills and provided Pam with an
allowance. Pam stayed at home, looking after Ben and doing the jobs
that needed to be done around the house and garden. In 2004 the
relationship came to an end and Charles now wants Pam and Ben to
move out of the house so that he can install his new girlfriend there.
Advise Pam. How, if at all, would your advice differ if Pam had
contributed £5,000 to the original deposit?
4. Jim was the registered owner of Blackacre, where he carried on a
vehicle-repair business. Adjoining Blackacre there was a plot of land on
which there was a terrace of uninhabited houses awaiting demolition.

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The local council was the registered owner of this plot and it planned to
develop the plot by building a small block of flats. In the meantime it
had boarded up the houses. In 1992 Jim removed the boards from the
house closest to Blackacre and began using the house for storage
purposes. He fixed a steel door to which he attached a padlock and in
1993 he installed electricity, which enabled him to do small repair jobs
in the house. The council’s representative visited the plot from time to
time and was aware of what Jim was doing, but he raised no objection.
Early in 2005 the council wrote to Jim informing him that it wished to
redevelop the plot and demanding that he leave.
Advise Jim. How, if at all, would your advice differ if the plot had been
unregistered land?
5. ‘While a mortgagee is not a trustee of its power of sale, there is a limit
to the extent to which a court will allow it to prefer its own interests to
those of the mortgagor.’
Discuss.
6. Lance was the registered owner of two adjoining farms, Blueacre and
Redacre. He ran a poultry business on Redacre. In 1997 he granted
Turpin a twenty-year lease of Blueacre. Turpin covenanted to pay an
annual rent, not to run a poultry business on Blueacre and to buy all his
poultry from Lance. Lance also granted Turpin an option to purchase the
freehold of Blueacre. In 2002 Turpin assigned his lease to Ann and
Lance assigned his reversion to Rick.
Ann now seeks advice on four issues:
(i) Is she liable for rent that Turpin apparently failed to pay in 2001?
(ii) Is she bound by the covenant not to run a poultry business?
(iii) Is she bound to buy all her poultry from Lance? and
(iv) Can she enforce the option to purchase against Rick?
Advise Ann.
7. Mr and Mrs Brown were the registered owners of a restaurant and an
adjoining field situated on the edge of a village. Customers at the
restaurant used the field to park their cars, and where the field fronted
onto the road, the Browns had put up wooden signs advertising the
resturant. In 2002 the Browns sold the restaurant to Barry, a celebrity
chef, and in 2003 they sold the field to Dave, a local farmer. Since Barry
bought the restaurant, the number of customers parking on the field has
increased significantly and Barry has replaced the signs with neon lights.
Dave has now removed the lights and blocked access to the field from
the restaurant.
Discuss.
8. In 1997 William and Mary bought a house together and it was registered
in their joint names as beneficial joint tenants. William provided £60,000
of the £100,000 purchase-price and Mary provided £40,000. In 2000
they invited Olga, Mary’s elderly mother, to come and live with them on
the understanding that she would pay for an extension to be added to
the house. Olga paid for the extension and moved in. In 2002 relations
between William and Mary broke down and they agreed orally that
William would sell Mary his interest in the house for £80,000. Nothing
further was done and in 2003 Mary died leaving her estate to Olga.
William now wants Olga to leave the house so that he can sell it.
Discuss. If the house were sold, how would the proceeds of sale be
distributed?

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 Examination papers and Examiners’ reports 2006

Examination paper 2006

Zone A
Time allowed: three hours
Candidates should answer four of the following eight questions.

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 Examination papers and Examiners’ reports 2006

Examination paper 2006

Zone B
Time allowed: three hours
Candidates should answer four of the following eight questions.

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Examination papers and Examiners’ reports 2006

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1. In 2003 Jack, the registered owner of Greenacre, agreed orally to sell part of
his land to Kevin, a property developer. The understanding was that Kevin
would take steps to obtain planning permission for the development of the
land and that, when he obtained it, Jack would sell him the land for one
million pounds. After spending a considerable amount of time and money on
obtaining the permission, Kevin was eventually successful. Now, however,
Jack refuses to proceed with the agreement.

Advise Kevin.

How would your advice differ if Jack had recently sold Greenacre to Peter?

2. In 2000 Len granted Tim a lease of Commercial House for thirty years. Len
covenanted, inter alia, to maintain the exterior of the building in a good state
of repair. In 2003 Tim assigned his lease to Alf and in 2005 Len assigned his
reversion to Rob. The exterior of the building is now in serious need of repair
and Alf wishes to know whether he can enforce the repairing covenant and, if
so, against whom.

Advise Alf.

How would your advice differ, if (a) Len and Tim had agreed that the
covenant was to be personal , or, alternatively, if (b) Len and Tim had agreed
that Len was to be released from liability when he assigned the reversion?

3. In 2000 Nick and his girlfriend, Ann, bought a small house for £100,000. Nick
contributed £90,000 and Ann contributed £10,000, a gift from her mother,
Jean. The house was registered in Nick’s sole name. Nick was an unsuccessful
musician, but Ann had a well-paid job and paid most of the household
expenses. In 2003 Ann gave birth to a son, Charlie. In 2004 Nick and Ann
invited Jean to come and live with them. Jean provided £30,000 to have an
extra bedroom and bathroom added to the house for her use. In 2005, while
Jean, Ann and Charlie were away on holiday, Nick mortgaged the house to the
Midtown Bank. He has recently defaulted on his mortgage repayments and the
bank is seeking possession of the house with a view to selling it.

Advise Jean and Ann. If the house were sold, how would the proceeds of sale
be divided?

PLEASE TURN OVER

UL07/895
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4. ‘The courts’ definition of what breaches are capable of remedy, their
interpretation of the doctrine of waiver and their readiness to grant relief have
made it excessively difficult for a landlord to forfeit a lease for breach of
covenant.”

Discuss.

5. Oliver was the registered owner of a property which consisted of a house, a

garden behind the house and a cottage at the further end of the garden. There
was a path leading from the house to the cottage through the garden. The
house fronted on to a major road and the cottage fronted on to a narrow lane.
Oliver lived in the house and used the cottage as an office. In November 2005
he contracted to lease the cottage to his friend, Fred, for five years from 1
January 2006. Oliver allowed Fred to occupy the cottage in November and
told him that he could use the garden shed to store some of his things and that
he could access the cottage through the house and garden except when Oliver
had guests staying at the house. In January 2006 a formal lease was executed.
In 2007 Oliver sold the whole property to Paul. Paul has now told Fred to keep
out of the house and garden and to remove his things from the shed.

Advise Fred.

6. What does it mean for someone to be in “adverse possession” of land? In what

circumstances does time stop running in favour of an adverse possessor?

7. George, a pig farmer, desperately wanted to borrow money in order to expand

his business. No bank was prepared to lend him what he wanted, but
eventually, in 2005, his neighbour, Cal, a chicken farmer, agreed to lend him
£50,000 on the security of a mortgage of the farm. The mortgage provided: (i)
that George would repay the loan in ten annual instalments of £10,000, (ii)
that Cal would have the option to purchase George’s farm at market value at
any time during the mortgage, (iii) that George would give Cal a pig every
Christmas for as long as George operated a pig farm. George has recently
discovered that he can obtain a loan on much more favourable terms and he
wishes to know the extent to which he is bound by the terms of the mortgage.

Advise George.

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8. Liza was the registered owner of the Grampton Estate. In 1995 she divided
part of the estate into six half-acre plots (plots 1-6) and built a substantial
dwelling-house on each plot. She sold the plots to six purchasers, each of
whom covenanted with Liza and her successors-in-title to maintain the house
as a single dwelling-house and to keep it in a good state of decoration and
repair. All six plots have since changed hands. In 2003 Liza sold the
Grampton Estate to Mary who is planning to build a block of flats on the
estate. Norman, the current owner of plot 6, wishes to know (i) whether he can
prevent the current owner of plot 2 from starting a business in the house, (ii)
whether he can compel the current owner of plot 4 to paint his house, (iii)
whether anyone can stop him (Norman) from letting out a room in his house
and (iv) whether he can prevent Mary from building the flats.

Advise Norman.

END OF PAPER

UL07/895
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1. In 2003 Jack, the registered owner of Greenacre, agreed orally to sell part of
his land to Kevin, a property developer. The understanding was that Kevin
would take steps to obtain planning permission for the development of the
land and that, when he obtained it, Jack would sell him the land for one
million pounds. After spending a considerable amount of time and money on
obtaining the permission, Kevin was eventually successful. Now, however,
Jack refuses to proceed with the agreement.

Advise Kevin.

How would your advice differ if Jack had recently sold Greenacre to Peter?

2. In 2000 Len granted Tim a lease of Commercial House for thirty years. Len
covenanted, inter alia, to maintain the exterior of the building in a good state
of repair. In 2003 Tim assigned his lease to Alf and in 2005 Len assigned his
reversion to Rob. The exterior of the building is now in serious need of repair
and Alf wishes to know whether he can enforce the repairing covenant and, if
so, against whom.

Advise Alf.

How would your advice differ, if (a) Len and Tim had agreed that the
covenant was to be personal, or, alternatively, if (b) Len and Tim had agreed
that Len was to be released from liability when he assigned the reversion?

3. In 2000 Nick and his girlfriend, Ann, bought a small house for £100,000. Nick
contributed £90,000 and Ann contributed £10,000, a gift from her mother,
Jean. The house was registered in Nick’s sole name. Nick was an unsuccessful
musician, but Ann had a well-paid job and paid most of the household
expenses. In 2003 Ann gave birth to a son, Charlie. In 2004 Nick and Ann
invited Jean to come and live with them. Jean provided £30,000 to have an
extra bedroom and bathroom added to the house for her use. In 2005, while
Jean, Ann and Charlie were away on holiday, Nick mortgaged the house to the
Midtown Bank. He has recently defaulted on his mortgage repayments and the
bank is seeking possession of the house with a view to selling it.

Advise Jean and Ann. If the house were sold, how would the proceeds of sale
be divided?

PLEASE TURN OVER

UL07/896
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4. “The law relating to the creation of legal and equitable mortgages of land is
complex, confusing and in urgent need of reform.”

Discuss with reference to both registered and unregistered land.

5. Oliver was the registered owner of a property which consisted of a house, a

garden behind the house and a cottage at the further end of the garden. There
was a path leading from the house to the cottage through the garden. The
house fronted on to a major road and the cottage fronted on to a narrow lane.
Oliver lived in the house and used the cottage as an office. In November 2005
he contracted to lease the cottage to his friend, Fred, for five years from 1
January 2006. Oliver allowed Fred to occupy the cottage in November and
told him that he could use the garden shed to store some of his things and that
he could access the cottage through the house and garden except when Oliver
had guests staying at the house. In January 2006 a formal lease was executed.
In 2007 Oliver sold the whole property to Paul. Paul has now told Fred to keep
out of the house and garden and to remove his things from the shed.

Advise Fred.

6. Consider the extent to which the Court of Appeal decision in Federated

Homes v Mill Lodge Properties (1980) has simplified the law relating to the
passing of the benefit of restrictive covenants with freehold land.

7. In 1990, when Tim, a homeless person, noticed that a large shed on Blackacre
had been empty for some time, he decided to occupy it and make it his home.
He mended the windows and the roof and brought in a few pieces of furniture.
In 1991 he started growing vegetables on a patch of land outside the shed and
fenced in the patch to keep out rabbits. In 1993 Lisa, Tim’s girlfriend, joined
him in the shed. Adam, the registered owner of Blackacre, was hoping to get
planning permission to pull down the shed and build a bungalow in its place,
but for the moment he had no objection to Tim staying there. Tim continued to
live in the shed until his death in 2000. In 2002 Adam sold Blackacre to Saul.
In 2004 Saul decided to develop the site and wrote to Lisa asking her to leave.
She ignored the letter and now Saul has brought an action for possession.

Advise Lisa.

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8. Lucy was the registered proprietor of Pinkacre. In 2004 she granted Peter a
five-year lease of a cottage on Pinkacre; in 2005 she contracted to grant
Quentin a four-year lease of a field for grazing purposes; in 2006 she agreed
orally to let Rick have exclusive use of a barn for three years at an annual rent
of £300, and she invited Rick to pick as many apples as he liked from her
orchard. In 2007 she sold Pinkacre to William, who has now written to Peter,
Quentin and Rick telling them to keep off his land.

Discuss.

END OF PAPER

UL07/896

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1. “The Land Registration Act 2002 has effectively abolished the law of adverse
possession, in the sense that it will be extremely rare in the future for a claim
based on adverse possession to be successful.”

Discuss.

2. In 2000 Ann and Paul purchased a house where they went to live with their
baby daughter, Clare. The house was registered in their joint names. The
purchase price of the house was £400,000; Paul paid the £40,000 deposit and
the remaining £360,000 was raised on the security of a mortgage with the
Westshires Bank for which they were jointly responsible. In the years that
followed Paul, a prosperous lawyer, paid all the mortgage instalments as well
as most of the household expenses, while Ann ran the home and looked after
Clare and their son Eric (born in 2004). Paul has recently formed a
relationship with Diana with whom he is now living. He has written to Ann,
indicating that he would like to sell the house. Ann, however, would like to
continue living there with the children.

Advise Ann. If the house were sold, how would the proceeds of sale be
divided?

Would your advice differ if the house had been registered in Paul’s sole name?

3. Oswald was the registered owner of the Blackacre Estate. On the estate there
were three empty cottages (A, B and C). In 2001 he sold cottage A to Pam,
who covenanted with Oswald and his successors-in-title to use the cottage for
residential purposes only. In 2003 Oswald invited Lucy, a young artist friend,
to occupy cottage B. “You can stay as long as you like”, he wrote to her, “and
I don’t want any rent, as it will be reassuring for me to know that the cottage
and garden are being looked after.” Lucy accepted the invitation and moved
into the cottage. In 2005 Oswald agreed to let cottage C to Wendy for five
years at an annual rent. Wendy moved in. In 2007 Oswald sold Blackacre to
Arthur. Arthur now wishes to know (a) whether he can prevent Ruth, the
present owner of cottage A, from starting a pottery business in the cottage, and
(b) whether he is entitled to possession of cottages B and C.

Advise Arthur.

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4. Mr and Mrs Clarke were the registered owners of Stanstead Manor. In 1998
Mr Clarke wrote to their daughter, Jane, inviting her to come and live with
them and look after them in their old age. “I know that we are asking you to
make a substantial sacrifice”, he wrote, “but we would give you an allowance,
we would pay all the household expenses, and, of course, the house will be
yours when we are dead.” Jane agreed. She lived with her parents and looked
after them until her father’s death in 2007. Mrs Clarke and Jane have now
quarrelled and Mrs Clarke has asked Jane to leave the house. Mrs Clarke
wishes to sell the house and buy a smaller one near her sister. She has stopped
Jane’s allowance and she has made a new will leaving all her property to her
sister.

Advise Jane.

5. James was the registered owner of two adjacent properties, Greyacre and
Whiteacre. He lived on Greyacre and in 2004 he sold Whiteacre to his friend,
Liza, to run a poultry business. The conveyance made no mention of any
easements but, as Liza knew, James had for many years used a track across
Whiteacre which led to the local village, and Liza never objected to James
continuing this use. James invited Liza to use the swimming-pool on
Greyacre whenever she wished, and, at her request, he executed a deed
allowing her to place a notice advertising her business (“Chickens and eggs for
sale”, it read) next to the front gate to Greyacre. In 2006 James sold Greyacre
to Mark and Liza sold Whiteacre to Rowena. Mark now insists (a) that he is
entitled to use the track across Whiteacre and (b) that Rowena has no right to
use the pool or to maintain the notice on Greyacre.

Discuss.

6. “Where the only circumstances are that residential accommodation is offered

and accepted with exclusive possession for a term at a rent, the result is a
tenancy.”

Elaborate this statement and consider the extent to which it provides a useful
guide for distinguishing a tenancy from a licence.

UL08/975
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7. In 1999 Sharon and Fred purchased a house as their matrimonial home and it
was registered in their names as beneficial joint tenants. Sharon paid the
deposit on the purchase price (a loan from her mother) and the remainder of
the price was raised on the security of a mortgage with the Midshires Bank for
which Sharon and Fred were jointly responsible. Six months ago Fred fell ill
and lost his job, and now they have started to default on their mortgage
repayments. The bank is threatening to seek possession with a view to selling
the house.

Advise Sharon and Fred on the following three issues: (a) whether they can
insist on the bank postponing sale, both because Fred has recovered from his
illness and has a good prospect of finding a job soon and because they
anticipate an upturn in the housing market; (b) whether, if the house has to be
sold, they can insist on conducting the sale themselves, as they are confident
that they would obtain a better price; (c) how the proceeds of sale would be
divided.

8. In 2004 Len granted a five-year lease of Greenacre, which is registered land,

to his neighbour Tony. Tony covenanted to pay an annual rent and not to
build either on Greenacre or on any of his other land which adjoined Len’s
land. In 2006 Tony assigned his lease to Alf and Len assigned his reversion to
Rob. Rob has never received any rent and he understands that both Tony and
Alf have plans to build.

Advise Rob whether he is bound by the lease and, if so, whether and against
whom he can enforce the covenants.

END OF PAPER

UL08/975
Page 5 of 5
1. “The Land Registration Act 2002 has effectively abolished the law of adverse
possession, in the sense that it will be extremely rare in the future for a claim
based on adverse possession to be successful.”

Discuss.

2. In 2000 Ann and Paul purchased a house where they went to live with their
baby daughter, Clare. The house was registered in their joint names. The
purchase price of the house was £400,000; Paul paid the £40,000 deposit and
the remaining £360,000 was raised on the security of a mortgage with the
Westshires Bank for which they were jointly responsible. In the years that
followed Paul, a prosperous lawyer, paid all the mortgage instalments as well
as most of the household expenses, while Ann ran the home and looked after
Clare and their son Eric (born in 2004). Paul has recently formed a
relationship with Diana, with whom he is now living. He has written to Ann,
indicating that he would like to sell the house. Ann, however, would like to
continue living there with the children.

Advise Ann. If the house were sold, how would the proceeds of sale be
divided?

Would your advice differ if the house had been registered in Paul’s sole name?

3. Oswald was the registered owner of the Blackacre Estate. On the estate there
were three empty cottages (A, B and C). In 2001 he sold cottage A to Pam,
who covenanted with Oswald and his successors-in-title to use the cottage for
residential purposes only. In 2003 Oswald invited Lucy, a young artist friend,
to occupy cottage B. “You can stay as long as you like”, he wrote to her, “and
I don’t want any rent, as it will be reassuring for me to know that the cottage
and garden are being looked after.” Lucy accepted the invitation and moved
into the cottage. In 2005 Oswald agreed to let cottage C to Wendy for five
years at an annual rent. Wendy moved in. In 2007 Oswald sold Blackacre to
Arthur. Arthur now wishes to know (a) whether he can prevent Ruth, the
present owner of cottage A, from starting a pottery business in the cottage, and
(b) whether he is entitled to possession of cottages B and C.

Advise Arthur.

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4. Mr and Mrs Clarke were the registered owners of Stanstead Manor. In 1998
Mr Clarke wrote to their daughter, Jane, inviting her to come and live with
them and look after them in their old age. “I know that we are asking you to
make a substantial sacrifice”, he wrote, “but we would give you an allowance,
we would pay all the household expenses, and, of course, the house will be
yours when we are dead.” Jane agreed. She lived with her parents and looked
after them until her father’s death in 2007. Mrs Clarke and Jane have now
quarrelled and Mrs Clarke has asked Jane to leave the house. Mrs Clarke
wishes to sell the house and buy a smaller one near her sister. She has stopped
Jane’s allowance and she has made a new will leaving all her property to her
sister.

Advise Jane.

5. Saul was the registered owner of two adjoining houses, Birch House and
Cedar House. Saul himself occupied Birch House and he left Cedar House
unoccupied as it was in need of total refurbishment. He stored some of his
furniture in the Cedar House garden shed and frequently walked across the
Cedar House garden to reach the road that ran at the back of both properties.
In 2003 he refurbished Cedar House and went to live there. He sold Birch
House to his friend Alex. He invited Alex to use the tennis-court in the Cedar
House garden whenever he liked during the winter months when he (Saul) was
abroad. In 2006 Alex sold Birch House to Ken. Ken now claims the right (a)
to store his things in the Cedar House garden shed, (b) to walk across the
Cedar House garden to the road, and (c) to use the Cedar House tennis court
during the winter.

Advise Saul.

6. To what extent does the law provide adequate protection for the mortgagor
when the mortgagee is seeking to exercise its power of sale?

UL08/976
Page 3 of 4
7. In 1999 Lance granted Tim a fifteen-year lease of Blueacre House (registered
land), Tim covenanting to pay an annual rent, to maintain the house in good
repair and decorative order, and not to use the house for business purposes.
Lance granted Tim an option to purchase the freehold reversion at market
value at any time during the lease. In 2002, Lance assigned his reversion to
Ruby and Tim granted a seven-year sublease to Simon. In 2005 Tim assigned
his lease to Alice. No rent has been paid since 2004 and Simon has opened a
business in the house.

Advise Ruby whether she can enforce the covenants, and, if so, against whom
and whether she is bound by the option.

8. In 2007, at the beginning of their final year at university, Jake and Adam
decided to rent a small house together. Paula, the registered owner of the
house, required each of them to enter into identical licence agreements. Each
agreement required the licensee to pay a monthly rent and it denied the
licensee exclusive possession of any part of the house. Paula retained a set of
keys and reserved the right to enter and occupy the house whenever she
wished. She offered to arrange for the house to be cleaned once a week, but
Jake and Adam turned down the offer. Each agreement was to last from 1
October 2007 until 30 September 2008. Jake and Adam signed the
agreements and went to live in the house. Early in 2008 Paula sold the house
to Celia, who has now written to them giving them notice to quit the house.

Advise Jake and Adam.

END OF PAPER

UL08/976
Page 4 of 4
1. Walford District Council owns the registered title to a vacant plot of land
adjacent to the southern and western boundaries of the garden belonging to
Phil’s cottage. In the 1980s the Council granted Phil a licence to use the
vacant plot because it lacked money to develop the land. Phil used the plot to
graze his goats. The Council were unaware that Terry, Phil’s predecessor as
registered owner of the cottage, had demolished a fence on the southern
boundary between the Council’s plot and the garden, and replaced it with a
hedge that encroached on to the Council’s land by several meters.

When Phil’s licence expired in 1988 the Council did nothing with the land.
Rather than allow the land to lie empty, Phil continued to use it to keep goats.
He repaired the fence on the western boundary to stop the goats from escaping
on to the busy main road. In 1990 he bought a horse and built a stable on the
land. A year later he installed electricity, a water supply, a security camera and
erected a ‘Keep Out’ sign. Over the years Phil told his friends that he
appreciated that he might not be able to use the land indefinitely.

Earlier this year the Council secured the funding it needed to develop the land.
It therefore wrote to Phil asking him to leave the land, and insisting he
reinstate the fence at the correct point on the southern boundary.

Advise Phil who does not wish to vacate the plot or reinstate the boundary
fence.

Briefly state how Phil’s legal position would be different if it could be

governed by the principles of unregistered title.

UL09/1151
Page 2 of 6
2. In 2000 Kevin, a mechanic, and, his partner, Sally, purchase a garage, Fast Fit,
for £500,000. Kevin and Sally live in a flat above Fast Fit’s workshop. The
property is registered in Kevin and Sally’s joint names. Between them they
contribute a deposit of £50,000, Kevin and Sally borrows the balance of the
purchase price from the Weatherfield Bank as a twenty-year loan secured by
way of legal mortgage on the property.

This year Fast Fit is losing business. As a consequence Kevin and Sally start
to default in their mortgage repayments. Dev, a local businessman, tells them
that he has approached The Weatherfield Bank to discuss the possibility of
getting a loan to buy and demolish Fast Fit and turn it into a car park for his
supermarket.

Advise Kevin, who wants to know:

(a) whether The Weatherfield Bank can repossess Fast Fit, given that Sally
has just been offered a job; and

(b) if the Weatherfield Bank can be compelled to postpone any sale of the
property for a few months because Kevin and Sally have read a local
estate agent’s forecast that the value of business property in
Weatherfield is set to rise.

(c) if The Weatherfield Bank can be made to sell Fast Fit at auction, and
as a going concern, rather than make a private sale to Dev;

(d) how the proceeds of any sale will be applied.

UL09/1151
Page 3 of 6
3. In 2006 four bankers, Andrew, Belinda, Cindy and Davina, purchased
Seaview, for them to use as a weekend cottage. They made equal
contributions to the purchase price, and title to Seaview was conveyed to all
four of them.

In 2007 Andrew decided to emigrate to Australia. He therefore sold his

interest in Seaview to Edna. Belinda disliked Edna. She therefore wrote to
Cindy and Davina to tell them that she was urgently looking for somebody to
buy her share. Belinda subsequently changed her mind about selling when she
realised she would be able to use Seaview when Edna was not there.

In 2008 Cindy ran into financial difficulty and offered to sell her interest to
Davina. They discussed the possibility over several months but before they
could agree terms Cindy was killed in a boating accident. By her Will, Cindy
left all her property to her brother, Frank.

Belinda now wants Seaview to be sold, but Davina prefers to retain the
cottage.

Discuss.

UL09/1151
Page 4 of 6
4. Rita owns a property which comprises a ground floor shop and a first floor,
one-bedroom, flat. The flat and shop have separate entrances. In 2007, Rita
agrees to grant Audrey a lease of the shop for three years at an annual rent of
£8,000, the rent to be paid in monthly instalments. The agreement also
provides that either party may terminate the lease by giving six months notice.
The lease has never been executed; but Rita has moved in and started paying
rent each month.
Last year Rita agrees that her friend’s son, David, a trainee hairdresser, and his
girlfriend, Tina, can live in the first-floor flat. Rita draws up a ‘licence’
agreement and insists that David and Tina sign separate copies. The
agreements provide that they will each pay £300 per week as an ‘occupation
fee’; and that they will be able to live in the flat for three years ‘or until David
completes his training’. The agreement also states that David and Tina must
vacate the flat so that it can be cleaned every Tuesday between 12 noon and
2pm. David and Tina have always preferred to do all their own cleaning.

Advise Rita about: (a) how much notice she needs to give Audrey to leave the
shop; (b) the legal nature of the agreement she has with David and Tina.

5. Damien was the registered owner and occupier of Bridge House, which was
connected to a studio in which he made pottery. The studio was accessible
through an internal door in Bridge House and also by an external door which
opened directly on to a small lane at the rear of the property. Damien regularly
used the external door as a short-cut to reach the local train station.

In 2003 Damien granted a lease of the studio to an artist, Jennifer, for a period
of five years. In 2004 Damien told Jennifer that she was welcome to paint in
the garden and to park her motorcycle in the drive of Bridge House whenever
she wished. Jennifer did not object to Damien continuing to use the studio’s
rear entrance as a short-cut whenever he liked. The lease of the studio was
renewed for a further five years in 2008.

Damien has now sold the freehold of the house and studio to Eric. Eric has
told Jennifer he wants her to stop using the driveway and garden. Jennifer has
responded by telling Eric that he must not make use of the rear entrance to the
studio.

Advise Eric.

UL09/1151
Page 5 of 6
6. In 1995 Brian, the owner of Home Farm, sold a field to Jill, for her to start a
business keeping chickens. As part of the transaction Jill covenanted “for the
benefit of the land retained by Brian”:

(a) to construct only one building on the field; and

(b) to keep the fence between the field and Home Farm in good repair.

In return, Brian covenanted that he would maintain the open drain situated on
his side of the boundary between the field and Home Farm. Jill registered a
notice against Brian’s title, but Brian failed to take any such steps regarding
the covenants entered into by Jill.

In 2000 Brian sold Home Farm to Debbie; and in 2002 Jill sold her field to
Tom, a pig farmer, informing him of all the covenants. Debbie is rather
annoyed that Tom has not replaced the fence, which blew down last winter.
She is also dismayed by news that Tom plans to build two piggeries on the
field. For his part, Tom has noticed that because the open drain is blocked
waste water is overflowing into his field.

Advise Debbie whether she is entitled to enforce the covenants against Tom
and whether she can refuse Tom’s request to clear the drain which she no
longer needs to make use of to drain Home Farm.

7. Critically assess the contribution that the equitable doctrine of proprietary

estoppel makes to modern land law.

8. “The Land Registration Act 2002 marks a significant development. In

particular it strikes an appropriate balance between the needs of the purchaser
and those who are entitled to other interests in the land being purchased.”

How far do you agree with this assessment of the provisions in the Land
Registration Act 2002 other than those relating to adverse possession?

END OF PAPER

UL09/1151
Page 6 of 6
1. Ruth, a plumber, bought her workshop in the late 1980s. She soon noticed that
the neighbouring property, a warehouse, was disused and dilapidated. Matt
had recently acquired the registered title to the warehouse so that he could
convert it into a block of luxury apartments.

In 1990 Ruth decided to park her van on the forecourt of the warehouse. By
1991 she had begun using the warehouse to store her tools and plumbing
materials. She repaired the leaking roof to protect them from damage. In later
years she installed a generator to supply electricity and, after intruders broke
in, she secured the warehouse by fitting padlocks and a burglar alarm. Matt
occasionally drove past the warehouse and once or twice waved to Ruth when
he saw her driving away from the forecourt.

Last month Matt sold the warehouse to Housemate, a builder’s merchant.

Housemate has written to Ruth insisting she vacate the warehouse
immediately.

Advise Ruth.

2. In 2007 Ian purchased a café, Ian’s Plaice. Ian’s Plaice has a large car park.
Although Ian paid the deposit from his savings, he obtained the balance of the
purchase price by entering into a mortgage with one of his suppliers, Prize
Pies plc. Ian had spent months unsuccessfully trying to find a bank that would
grant him a mortgage. Ian’s mortgage agreement with Prize Pies plc contains
the following terms:

(a) the monthly interest rate will be calculated by using the highest
prevailing interest rate in the world;

(b) the borrower must buy all his pies from Prize Pies plc, at a price to be
determined by reference to the list price that Prize Pies plc charges all
its other customers;

(c) the borrower cannot redeem the mortgage until the final year of the
twenty year term;

(d) the lender will have a right of pre-emption to purchase the car park
belonging to Ian’s Plaice, which pre-emption it may exercise for a
period of two years after redemption of its mortgage.

Advise Ian about the enforceability of the mortgage terms.

UL09/1150
Page 2 of 5
3. In 2006 four bankers, Andrew, Belinda, Cindy and Davina purchased
Seaview, for them to use as a weekend cottage. They made equal
contributions to the purchase price, and title to Seaview was conveyed to all
four of them.

In 2007 Andrew decided to emigrate to Australia. He therefore sold his

interest in Seaview to Edna. Belinda disliked Edna. She therefore wrote to
Cindy and Davina to tell them that she was urgently looking for somebody to
buy her share. Belinda subsequently changed her mind about selling when she
realised she would be able to use Seaview when Edna was not there.

In 2008 Cindy ran into financial difficulty and offered to sell her interest to
Davina. They discussed the possibility over several months but before they
could agree terms Cindy was killed in a boating accident. By her will, Cindy
left all her property to her brother, Frank.

Belinda now wants Seaview to be sold, but Davina prefers to retain the
cottage.

Advise Belinda. If Seaview is sold, who would be entitled to the proceeds of

sale?

4. Rita owns a property which comprises a ground-floor shop and a first-floor,

one-bedroom, flat. The flat and shop have separate entrances. In 2007, Rita
agreed to grant Audrey a lease of the shop for three years at an annual rent of
£8,000, the rent to be paid in monthly instalments. The agreement also
provides that either party may terminate the lease by giving six months’
notice. The lease has never been executed; but Rita has moved in and started
paying rent each month.
Last year Rita agreed that her friend’s son, David, a trainee hairdresser, and
his girlfriend, Tina, could live in the first-floor flat. Rita drew up a ‘licence’
agreement and insisted that David and Tina sign separate copies. The
agreements provide that they will each pay £300 per week as an ‘occupation
fee’; and that they will be able to live in the flat for three years ‘or until David
completes his training’. The agreement also states that David and Tina must
vacate the flat so that it can be cleaned every Tuesday between 12 noon and
2pm. David and Tina have always preferred to do all their own cleaning.

Advise Rita about: (a) how much notice she needs to give Audrey to leave the
shop; (b) the legal nature of the agreement she has with David and Tina.

UL09/1150
Page 3 of 5
5. Damien was the registered owner and occupier of Bridge House, which was
connected to a studio in which he made pottery. The studio was accessible
through an internal door in Bridge House and also by an external door which
opened directly on to a small lane at the rear of the property. Damien regularly
used the external door as a short-cut to reach the local train station.

In 2003 Damien granted a lease of the studio to an artist, Jennifer, for a period
of five years. In 2004 Damien told Jennifer that she was welcome to paint in
the garden and to park her motorcycle in the drive of Bridge House whenever
she wished. Jennifer did not object to Damien continuing to use the studio’s
rear entrance as a short-cut whenever he liked. The lease of the studio was
renewed for a further five years in 2008.

Damien has now sold the freehold of the house and studio to Eric. Eric has
told Jennifer he wants her to stop using the driveway and garden. Jennifer has
responded by telling Eric that he must not make use of the rear entrance to the
studio.

Advise Eric.

6. ‘The rules governing the passing of benefit and burden of freehold covenants
could and should be simplified.’

Discuss.

7. Critically assess the contribution that the equitable doctrine of proprietary

estoppel makes to modern land law.

UL09/1150
Page 4 of 5
8. Matt has recently purchased Grange Farm from Oliver; title to Grange Farm
has always been registered. Oliver has since moved to live in Australia. Matt
has now discovered the following information.
(a) Roy, a local gardener, claims that he has a two year lease of a barn on
Grange Farm in which to store his gardening tools.
(b) Caroline, Oliver’s wife, has recently returned from Norway where she
spent a year running a hotel. Caroline did not know about the sale of
Grange Farm. She paid the deposit when Oliver purchased the property
some years ago. Caroline insists she still has rights to Grange Farm.
(c) Ruth, the owner of a neighbouring farm, Brookfield, claims she has
acquired an easement to use the underground drains that run across
Grange Farm.
(d) Ed, a tenant farmer of part of Grange Farm, claims that he has an
agreement to buy the land over which he has the tenancy.

Advise Matt about his legal position in relation to any claims made by Roy,
Caroline, Ruth and Ed.
Briefly indicate how your answer would differ if unregistered land law
principles could still govern both title to, and the above claims to rights over,
Grange Farm.

END OF PAPER

UL09/1150
Page 5 of 5
1. ‘Proof of exclusive possession is all that should be required for the parties to
establish that a lease has been created.’

To what extent, if at all, do you agree with this proposition?

2. Eastern County Council owns the registered freehold title to Dalton Manor,
which it occupies until 1996 before it moves its administrative headquarters to
a new site. Dalton Manor is about four hectares of land, comprising a large
building, a cottage and a garage. Eastern County Council now wants to sell
Dalton Manor to raise capital funds. When Oliver, their surveyor, visits the
property he discovers the following:

(a) Jolene is occupying the cottage, and claims to be a squatter. She tells
Oliver that she broke the lock of the front door in January 2000, and
then moved in. She immediately mended the roof and installed a new
heating system. She admits to Oliver that although she has lived in the
cottage ever since, she fully expects that one day Eastern County
Council may ask her to leave, or pay rent.

(b) Tom is making use of the garage. Tom shows Oliver a copy of a
contract for sale (dated 1998) by which Eastern County Council agreed
to sell him the garage. Tom also produces a receipt for the purchase
price.

(c) the boundary fence between Dalton Manor and the neighbouring
Willow Farm appears to be in a different place from that shown on the
plans Eastern County Council gives Oliver. Consequently, a small part
of land that belongs to Dalton Manor is on the wrong side of the fence.
Oliver speaks to Pat, the owner of Willow Farm. She explains how, in
1999, she put the fence up in place of a fire-damaged hedge, erecting it
where her lawyer told her the boundary lay between Willow Farm and
Dalton Manor.

Advise Eastern County Council as to whether Jolene, Tom or Pat can make a
successful claim to be registered as proprietors of the parts of Dalton Manor
they occupy.

Indicate briefly how, if at all, your advice about Jolene’s claim would be
different if her legal position was governed by (i) unregistered land law rules;
and (ii) the Land Registration Act 1925.

UL11/0669ZA
Page 2 of 6
3. In 2005 Carlos purchased a shop in which to sell carpets. He used his savings
to pay 5% of the purchase price. Although the Big Bank declined to make
Carlos a loan, one of his regular suppliers, Rugland, advanced the balance of
the purchase price, subject to having a registered charge over the title to the
shop. The mortgage was for a period of 15 years. Carlos signed a mortgage
deed, in which he agreed to: (i) pay 10% above the highest rate of interest
charged by the Big Bank; (ii) buy all his supplies of carpet adhesive from
Rugland; and (iii) give Rugland an option, exercisable for the first 10 years of
the loan period, to buy the car park at the rear of the shop.

In 2011 Carlos’s business began to fail and he was therefore unable to make
two monthly repayments to Rugland. Last month he decided to leave the
premises and move abroad. He handed the keys to Rugland. Carlos also
removed a glass display cabinet, which his late father made especially to fit in
the shop, and to which he has a sentimental attachment.

Last month Rugland’s estate agent valued the shop at £400,000. One of
Rugland’s managers, Sandie, has expressed an interest in buying the shop if
she can get it for a good price.

Discuss whether: (a) Carlos has any legal basis to challenge the validity of the
terms of the mortgage; (b) Carlos is entitled to remove the glass display
cabinet; and (c) Rugland may sell the shop to Sandie.

4. In 2006 Bianca, a solicitor, bought a garden flat in London. She paid the
deposit, raised the balance of the purchase price by way of mortgage, and
became the sole registered owner. In 2007 Bianca’s partner Ricky moved in
to the flat. Ricky gave up the tenancy of a cottage just outside Newcastle to
move to live in London. Ricky used the wages from his job as a second-hand
car dealer to landscape the garden, pay the food bills and pay for their annual,
Mediterranean cruise. In 2009, when Bianca gave birth to their daughter,
Tiffany, they agreed that Ricky would give up his job to stay at home and look
after Tiffany.

Last month Bianca sold the flat to Phil, before emigrating to live in Spain with
a cruise ship singer, Manuel. Phil has now asked Ricky to leave the flat.

Advise Ricky.

UL11/0669ZA
Page 3 of 6
5. Ty Du is a small cottage with its own garden, which forms part of Brian’s
extensive estate, Whiteacre. The main farm house belonging to Whiteacre
benefits from its own tarmac drive leading to the main road, but Brian finds it
quicker to cross through Ty Du’s garden whenever he needs to walk to the
main road. Ty Du’s drains connect to the main sewer by running under
Whiteacre, although Ty Du is also served by a cesspit at the bottom of its
garden.

In 2008 Brian grants Rory a three year lease of Ty Du. Rory does not object
when Brian continues to cut through Ty Du’s garden to reach the main road.
Three months later, Brian gives Rory permission to leave his camper van in
one of Whiteacre’s disused stables during the winter months.

In 2011 Brian sells Rory the freehold title of Ty Du. A month later, Brian
sells Whiteacre to Jennifer. Jennifer wants to remove all the underground
drains beneath Whiteacre, and she also asks Rory to stop using the stable
belonging to Whiteacre. Rory is so annoyed at Jennifer’s behaviour that he
padlocks his garden gate to stop her from walking through Ty Du’s garden.

Advise Rory.

UL11/0669ZA
Page 4 of 6
6. In 2003 Amside Holdings plc purchased a large piece of land, and began the
first phase of its development by building two large houses on half of the land:
‘House 1’ and ‘House 2’. In 2004 Susan bought ‘House 1’. Six months later,
Clary purchased ‘House 2’. The transfer of ‘House 1’ and ‘House 2’
contained the following terms:

‘The transferee hereby covenants on behalf of himself and his successors in

title and for the benefit of the land retained by the transferor:

(i) to pay one-third of the cost of the maintenance of the private road;

(ii) to keep the front garden in a neat and tidy condition;

(iii) not to use the property other than for residential purposes by one
family.’

The transfers of ‘House 1’ and ‘House 2’ also provided that the benefit of
covenant (iii) should be assigned whenever the land retained by the transferor
was transferred.

Over the years, ‘House 1’ and ‘House 2’ changed ownership several times.
By 2010 ‘House 1’ was owned by Emma, and ‘House 2’ by Will. In 2011
Amside Holdings plc ran out of development funds, and sold its remaining
half of the land to Caroline, and assigned her the benefit of covenant (iii) in
writing. However, a few months later, Caroline sold the land to Matt without
assigning the benefit of covenant (iii).

Matt now seeks your advice as to what legal steps he may take in respect of:
Emma, who has refused his request to tidy the garden of ‘House 1’; Will, who
has let ‘House 2’ to a group of five students at Felpesham University; and both
Emma and Will, who have each ignored his request to contribute towards the
cost of resurfacing the private road.

Advise Matt.

7. Critically assess the view that the provisions in Schedule 3 of the Land
Registration Act 2002 relating to so-called ‘overriding interests’ manage to
strike an appropriate balance between the rights of registered proprietors and
those who hold competing interests over their land.

UL11/0669ZA
Page 5 of 6
8. In 2005 Sally and Kevin purchased Headroom, a hairdresser’s salon with a flat
on the ground floor below. Sally and Kevin are both registered as owners of
the fee simple of Headroom. They each contributed half of the purchase price.
They immediately moved in to the flat, and Sally set up her hairdressing
business in the salon.

In 2008 Sally and Kevin’s daughter, Tracey, was confined to a wheelchair

following a riding accident. She started to make daily trips to the
neighbouring swimming pool for physiotherapy.

In 2009, distressed by Tracey’s disability, Kevin began to gamble heavily. To

raise money to cover his gambling debts, he agreed to sell his interest in
Headroom to his mother-in-law, Audrey. However, Audrey’s savings proved
insufficient to complete the transaction, and Kevin therefore obtained a loan
by charging his interest in Headroom to the Weatherfield Bank.

In 2010 Sally’s business ran into financial difficulties, and Kevin moved out
of the property to set up home with his girlfriend, Molly. He also defaulted on
his loan repayments to the Weatherfield Bank. The Bank wants Headroom to
be sold.

Advise Sally on each of the following matters:

(a) her status as co-owner of Headroom.

(b) whether or not she and Tracey can carry on living in Headroom
if Kevin and the Weatherfield Bank want it to be sold.

(c) how her right to live in Headroom would be affected in the

event of Kevin being declared bankrupt, and his trustee in
bankruptcy, Rita, seeking a sale of Headroom.

END OF PAPER

UL11/0669ZA
Page 6 of 6
1. ‘The current law on freehold covenants is defective in a number of respects.
The law fails to allow the burden of positive covenants to run with the land,
and its rules relating to the running of the benefit of covenants is unduly
complicated. However, rather than simply addressing these two defects we
need a wide-reaching and fundamental reform of the law on freehold
covenants.’

Discuss.

2. Eastern County Council owns the registered freehold title to Dalton Manor,
which it occupies until 1996 before it moves its administrative headquarters to
a new site. Dalton Manor is about four hectares of land, comprising a large
building, a cottage and a garage. Eastern County Council now wants to sell
Dalton Manor to raise capital funds. When Oliver, their surveyor, visits the
property he discovers the following:

(a) Jolene is occupying the cottage, and claims to be a squatter. She tells
Oliver that she broke the lock of the front door in January 2000, and
then moved in. She immediately mended the roof and installed a new
heating system. She admits to Oliver that although she has lived in the
cottage ever since, she fully expects that one day Eastern County
Council may ask her to leave, or pay rent.

(b) Tom is making use of the garage. Tom shows Oliver a copy of a
contract for sale (dated 1998) by which Eastern County Council agreed
to sell him the garage. Tom also produces a receipt for the purchase
price.

(c) the boundary fence between Dalton Manor and the neighbouring
Willow Farm appears to be in a different place from that shown on the
plans Eastern County Council gives Oliver. Consequently, a small part
of land that belongs to Dalton Manor is on the wrong side of the fence.
Oliver speaks to Pat, the owner of Willow Farm. She explains how, in
1999, she put the fence up in place of a fire-damaged hedge, erecting it
where her lawyer told her the boundary lay between Willow Farm and
Dalton Manor.

Advise Eastern County Council as to whether Jolene, Tom or Pat can make a
successful claim to be registered as proprietors of the parts of Dalton Manor
they occupy.

Indicate briefly how, if at all, your advice about Jolene’s claim would be
different if her legal position was governed by (i) unregistered land law rules;
and (ii) the Land Registration Act 1925.

UL11/0670ZB
Page 2 of 5
3. In 2005 Carlos purchased a shop in which to sell carpets. He used his savings
to pay 5% of the purchase price. Although the Big Bank declined to make
Carlos a loan, one of his regular suppliers, Rugland, advanced the balance of
the purchase price, subject to having a registered charge over the title to the
shop. The mortgage was for a period of 15 years. Carlos signed a mortgage
deed, in which he agreed to: (i) pay 10% above the highest rate of interest
charged by the Big Bank; (ii) buy all his supplies of carpet adhesive from
Rugland; and (iii) give Rugland an option, exercisable for the first 10 years of
the loan period, to buy the car park at the rear of the shop.

In 2011 Carlos’s business began to fail and he was therefore unable to make
two monthly repayments to Rugland. Last month he decided to leave the
premises and move abroad. He handed the keys to Rugland. Carlos also
removed a glass display cabinet, which his late father made especially to fit in
the shop, and to which he has a sentimental attachment.

Last month Rugland’s estate agent valued the shop at £400,000. One of
Rugland’s managers, Sandie, has expressed an interest in buying the shop if
she can get it for a good price.

Discuss whether: (a) Carlos has any legal basis to challenge the validity of the
terms of the mortgage; (b) Carlos is entitled to remove the glass display
cabinet; and (c) Rugland may sell the shop to Sandie.

4. Dot owns the registered freehold title of a large terraced house, Mon Repose,
which is subdivided into four separate flats. She lives in the basement flat.

In 2007 Dot writes to her sister, Ethel, and invites her to move into the first
floor flat free of charge. Ethel moves in. She is grateful for Dot’s offer
because she has been homeless since her husband’s death. Dot’s letter tells
her that she may stay in the flat ‘until I sell Mon Repose’.

In 2008 Dot agrees to lease the ground floor to Grant for five years at £150 per
week. She allows Grant to move in.

In 2010 Dot allows two students, Woody and Terri, to move into the one
bedroom attic flat. Dot, who wrongly believes them to be a couple, gets them
both to sign identical agreements. Woody’s lecture timetable means he signs
his agreement a day later than Terri. Each document is headed: ‘Licence
Agreement’, and provides that Dot will retain a key to the attic flat to allow
her to change the bed linen each Friday between 11.00 and 11.30 am. Under
the terms of the agreement, Woody and Terri also agree to be liable for the
whole of the rent. After a few weeks, Dot starts to leave the fresh bed linen
outside the attic flat door because Woody and Terri like to sleep late and so
ask her not to disturb them.

What, if any, rights do Ethel, Grant, Woody and Terri have to occupy their
respective flats in Mon Repose?

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5. Ty Du is a small cottage with its own garden, which forms part of Brian’s
extensive estate, Whiteacre. The main farm house belonging to Whiteacre
benefits from its own tarmac drive leading to the main road, but Brian finds it
quicker to cross through Ty Du’s garden whenever he needs to walk to the
main road. Ty Du’s drains connect to the main sewer by running under
Whiteacre, although Ty Du is also served by a cesspit at the bottom of its
garden.

In 2008 Brian grants Rory a three year lease of Ty Du. Rory does not object
when Brian continues to cut through Ty Du’s garden to reach the main road.
Three months later, Brian gives Rory permission to leave his camper van in
one of Whiteacre’s disused stables during the winter months.

In 2011 Brian sells Rory the freehold title of Ty Du. A month later, Brian
sells Whiteacre to Jennifer. Jennifer wants to remove all the underground
drains beneath Whiteacre, and she also asks Rory to stop using the stable
belonging to Whiteacre. Rory is so annoyed at Jennifer’s behaviour that he
padlocks his garden gate to stop her from walking through Ty Du’s garden.

Advise Rory.

6. In 2004 Adam and Ian decided to buy a small cottage and live together.
Adam’s parents gave them £5,000, which they used to pay the deposit. Adam
took out a mortgage, in his sole name, to cover the balance of the purchase
price; the title to the cottage was also registered in his sole name. Adam also
paid all the mortgage instalments while Ian used the wages from his job as a
hotel chef to pay towards the household energy bills, buy food and meet all the
costs of running the motorcycle they share.

In 2007, when Ian’s father died, he used a small legacy to renovate and refit
the kitchen. He and Adam also invited Ian’s mother, Jean, to come and live in
the cottage with them. Initially, Jean was reluctant to give up the tenancy of
her flat in Dublin, but Adam and Ian assured her that she could think of the
cottage as her home for as long as she liked. Before moving in, Jean paid for
an extension to be built at the back of the cottage.

Last year Adam left Ian and moved out of the cottage. Debbie has expressed
an interest in buying the cottage from him.

Advise Debbie (a) whether Ian and Jean can claim any proprietary rights in the
cottage; and (b) how, if she decides to buy the cottage from Adam, she can
ensure she successfully obtains the title free from any such rights.

7. Critically assess the view that the provisions in Schedule 3 of the Land
Registration Act 2002 relating to so-called ‘overriding interests’ manage to
strike an appropriate balance between the rights of registered proprietors and
those who hold competing interests over their land.

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8. In 2006 five brothers and sisters, Alex, Ben, Candice, Danny and Edith, pool
their savings to purchase Seaview, a large house by the sea which they want to
use as a holiday home. They each pay different sums towards the purchase
price of the house, and title to Seaview is conveyed into the names of Alex,
Ben and Candice. The conveyance also states that all five of them own the
house as ‘beneficial joint tenants’. A few months later, Edith divorces her
husband. The others agree to Edith and her daughter, Fiona, moving in and
living in the annex at Seaview.

In 2007 Alex agrees to sell his interest to Candice, but they later decide
against going ahead with the transaction. In 2008, when Ben needs to raise
money for his business, he secures a loan with the Royal Bank by creating a
mortgage over his interest in Seaview. In 2009 Candice telephones the others
in turn to tell them that, as she is re-locating to New York, she wants to sell
her interest in Seaview immediately. Alex says he is interested in buying
Candice’s interest from her but will first need to discuss the proposed price
with his accountant. The next day Alex is killed in a boating accident. In his
will, Alex leaves all his property to Candice.

In 2011 Danny decides he no longer wants to keep Seaview as a holiday

home. Candice agrees to his proposal that the house is sold, but Edith objects
because her doctor has highlighted the therapeutic benefits of living on the
coast to help control Fiona’s asthma.

Advise Edith as to: (a) who has beneficial interests in Seaview; and (b) the
likely success of an application for a court order that Seaview is sold.

How, if at all, would your advice on (b) differ if Ben defaults on his loan
repayments and the Royal Bank is making the application for the sale of
Seaview?

END OF PAPER

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1. Some years ago Joe became too infirm to maintain his garden. He
took expert advice and decided to wait until the property market
improved before selling the land. The garden soon became overgrown
with weeds. Neil, Joe’s neighbour, assumed that the garden was
abandoned. He therefore put his lawnmower in Joe’s shed. The shed
stands near the boundary between the two gardens. Neil moved part
of the boundary fence two meters into Joe’s garden to get access to
the shed. That winter Neil repaired the leak in the shed’s roof to
protect his lawnmower.

When Neil died last year, his son, Chris, inherited his house and
garden. Chris assumed that the shed was part of his late father’s
garden. He continued to use it, and installed power and water.

Last month, when Joe decided to sell his garden to Lillian, a property
developer, he discovered Chris’s garden tools in the shed and that part
of the boundary fence had been moved.

Advise Joe as to his legal position in respect of each of the following:

(a) the Land Registration Act 2002; and

(b) on the assumption that title to Joe’s property is

unregistered.

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2. When Emily loses her job she decides to use her large town house to
generate some income. Emily allows her recently widowed friend,
Audrey, to live in a large spare room. As it means giving up her home
Audrey is anxious to ensure that the arrangement provides her with as
much security as possible. Emily and Audrey sign a document which
states that Audrey can only be asked to leave in the event that she fails
to pay the small monthly charge for the room.

Emily places a notice on the notice board at the local university

advertising the availability of her ground floor extension. The notice
describes the accommodation (which has sitting room with a double
bed and a small bathroom) as suitable for a young couple. Jim and
Beatrice visit Emily together. Emily wrongly assumes they are a
couple. She agrees to let them move in. Beatrice and Jim sign the
identical documents which Emily’s son (who is a law student) drafts.
Each is headed “licence agreement” and provides that Beatrice and
Jim will occupy the extension for two years, and that Emily will supply
them with an evening meal every night. Beatrice and Jim each pays
Emily £300 per month. Without Emily’s knowledge, Beatrice and Jim
replace the double bed with their own single beds. After a week they
tell Emily that she need not cook for them because they prefer to eat in
the College refectory.

Emily allows Frank to use a bill board on the side wall of the house to
advertise his new taxi business. They agree that Frank will pay Emily
£50 per week for six months.

Pam is thinking of buying the house from Emily. She is wondering how
Emily’s arrangements with Audrey, Beatrice and Jim, and Frank will
affect her legal position if she goes ahead with the purchase.

Advise Pam.

3. Critically assess the extent to which the current law on both possession
and sale strike an appropriate balance between protecting the
respective interests of the mortgagee and mortgagor.

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4. Shortly after Jules and Patty enter into their civil partnership they
purchase a cottage together. Even though both of them contribute
equally towards the purchase price, title to the cottage is registered in
Jules’s sole name. At the time Patty explains to Jules that she does
not want her name to appear on the land register because she believes
that would compromise her privacy. Jules is understanding and
reassures Patty that whatever the land register says the cottage
belongs to them both.

A few years later, Patty’s mother, Bessie, becomes too infirm to live
independently. Jules and Patty ask her to move into the cottage and
live with them. Bessie sells her house and uses the proceeds of sale
to pay for an annex to be built at the back of the cottage into which she
moves.

Earlier this year Jules and Patty decide to separate. Before emigrating,
Jules sells the cottage to Ted whilst Patty and Bessie are away visiting
family. When they return to the cottage Ted asks them to leave. Patty
and Bessie refuse.

Advise Ted.

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5. Al, Bob, Cynthia, Derek and Ed contribute unequal amounts when they
purchase a large house to live in together. They are all attending the
East End Acting School. Title to the house is registered in Al, Bob,
Cynthia and Derek’s names. They also execute a declaration that they
hold the beneficial estate as joint tenants for all five of them.

Cynthia becomes engaged to one of her tutors, Jasper. As she plans

to leave the house she agrees to sell her interest to Al. However, when
Jasper breaks the engagement, Cynthia decides to stay in the house,
and, with Al’s consent, the sale does not go ahead.

A year or so later Bob runs into debt paying for private singing and
dancing lessons. He takes out a loan with the Bow Bank. The Bank
requires Bob to charge his interest in the house to secure the loan.

Last year, on his way to class, Derek dies in a motorcycle accident. In

his will he leaves all his property to a charity that supports retired
actors. A few weeks later Ed, who is grief-stricken at Derek’s death,
emails the others to tell them that he wants to sell his interest in the
house. Network problems delay the delivery of the email. In the
meantime, Ed telephones the others to say that he has changed his
mind.

Three months ago, Bob defaults on his loan repayments. The Bow
Bank now wants the house to be sold but Bob and the other students
want to stay in the house.

Discuss.

UL12/0240ZA
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6. In 2007 Abe bought a set of farm buildings which comprise a
farmhouse and three dilapidated barns: Green Barn, Red Barn, and
Yellow Barn. Abe lives in the farmhouse and converts the three barns
into houses. In the yard at the front of the three barns Abe built a
heated swimming pool.

In 2008 Abe sold the three barns. Each sale contained the following
terms requiring the purchaser to:

(i) use the land as a private dwelling;

(ii) maintain the section of hedge separating each barn from

the farmhouse; and

(iii) pay a proportion of the annual cost of running the

swimming pool.

In 2012, when Abe sold the farmhouse to Bertha, the three barns had
already been bought and sold several times. When she moved in,
Bertha discovered that Carolyn, the owner of Green Barn, was using it
to run her publishing business. Bertha also noticed that the section of
hedge lying between the farmhouse and Red Barn (owned by Dawn)
had blown down. She also learnt that Edwina, who now owns Yellow
Barn, has been regularly using the swimming pool but last year refused
to pay towards a contribution of the cost of heating it.

Advise Bertha.

7. Oliver is the registered proprietor of two neighbouring farms,

Greenacre and Brownlands. Oliver makes daily use of a track and
uses a water pipe under Brownlands. He leases Greenacre to Ed for
two years. He (Oliver) also uses the track over Greenacre to drive his
cows to the milking parlour on Brownlands and the water pipe that runs
under Brownlands to provide water for his cattle on Greenacre. Oliver
uses the water pipe in the summer when the stream on Greenacre runs
dry. After Ed moves into Greenacre, Oliver lets Ed keep his combine
harvester in a barn on Brownlands. When the lease expires Oliver
sells Ed the freehold title to Greenacre.

Advise Oliver whether he may continue to use the track on Greenacre

and whether Ed may use the water pipe and barn on Brownlands.

UL12/0240ZA
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8. “The Land Registration Act 2002 provides that virtually all property
interests affecting title to land should be registered and, therefore, will
be found on the land register. The law should go even further so as to
provide that all interests relating to land must be registered.”

Discuss. (Do not consider adverse possession in your answer)

END OF PAPER

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1. Early in 1990 Grant entered (via an insecure back door) a boarded-up
shop, of which Stretford Council was the registered proprietor.
Stretford Council had left the shop empty because it did not have
enough money to make the shop viable for it to be leased. Grant has
occupied the garage adjacent to the shop since he agreed to buy it
from Stretford Council in 1988. Through an administrative oversight
Stretford Council failed to complete the sale of the garage to Grant.

By 1998 Grant has completely renovated and re-fitted the shop, which
he has been using to sell spare parts for cars. In 2000 Grant met Max,
Stretford Council’s surveyor, outside the shop. Max admired the work
that had been done on the shop. Grant told him that he would be
prepared to pay rent for the shop if Stretford Council asked him. Max
said he would pass the information on to his boss. Grant heard nothing
more from Stretford Council, until they wrote to him a month ago asking
him to leave the shop.

Advise Grant whether he has to leave the shop and the garage.

How would your advice differ if Grant entered the shop in 1999 and,
after the conversation with Max, the letter Stretford Council sent him
last month asked him to leave the shop and the garage?

2. Critically assess what is meant by “exclusive possession” in

determining if there is a lease. Should exclusive possession be all that
the law requires for the existence of a valid lease?

UL12/0240ZB
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3. Rita buys a property comprising a newsagents’ shop with living
accommodation at the rear and a car park outside. She uses her
savings to pay the deposit, and raises the balance of the purchase
price by obtaining a loan from the Weatherfield Bank, which has a
branch next door to her shop. The loan is secured by way of legal
mortgage over the property. The mortgage provides that the
Weatherfield Bank:

(i) may, at its absolute discretion, vary the annual interest

rate Rita pays at any time during the twenty year term of
the mortgage; and

(ii) has the first right of refusal to buy the car park in the
event that Rita decides to sell it.

Rita’s business starts to lose money when Price Check opens a new
superstore nearby. The Weatherfield Bank writes to Rita telling her
that it is doubling the annual interest rate because it needs to maintain
its profitability. Rita is unable to pay her next mortgage repayment.
Meanwhile Price Check writes to Rita expressing its interest in buying
the car park from her. When she tells Ken, the manager of the
Weatherfield Bank, he explains that Latte’s, a chain of coffee shops
has heard about Rita’s business problems. Latte’s is interested in
buying Rita’s shop from the Bank, providing it can be sold to them
privately and for a good price. Rita’s assistant, Norris, is also
interested in buying the shop but only if he can buy it from Rita as a
going concern.

Advise Rita as to each of the following:

(a) if she can refuse to pay the increased monthly mortgage

payments;

(b) if she can sell the car park to Price Check; and

(c) whether she can prevent the Weatherfield Bank from

selling the shop (with vacant possession) to Latte’s and
be able to remain in possession so that she can sell it to
Norris.

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4. Ricky and Bianca decide to set up home together in London. Ricky’s
father, Frank, makes a contribution towards the deposit on a house,
and Ricky takes out a mortgage to cover the balance of the purchase
price. Ricky is registered as sole proprietor of the house. He also
takes responsibility to repay the mortgage. Bianca uses her earnings
from her part-time job at the local laundrette to help meet household
bills.

Several years later, Ricky moves out of the house shortly after Bianca
gives birth to their daughter, Whitney. He continues to pay the
mortgage. Bianca decides to ask her mother, Carol, to help look after
Whitney, who needs constant care because of a congenital heart
condition. Carol gives up her home in Newcastle and moves in to the
house. Feeling guilty, Ricky tells Carol that she must consider the
house as her home for as long as she wants. Carol later uses some
Bingo winnings to pay for new fitted wardrobes in her bedroom.

Ricky now has a new girlfriend, Janine. He wants them to live in the
house. He therefore writes to Bianca and Carol giving them six weeks
to leave. They refuse, insisting they are entitled to stay in the house.

Advise Ricky who wants to know what, if any, rights in the house
Bianca and Carol may be able to claim.

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5. Al, Bob, Cynthia, Derek and Ed contribute unequal amounts when they
purchase a large house to live in together. They are all attending the
East End Acting School. Title to the house is registered in Al, Bob,
Cynthia and Derek’s names. They also execute a declaration that they
hold the beneficial estate as joint tenants for all five of them.

Cynthia becomes engaged to one of her tutors, Jasper. As she plans

to leave the house she agrees to sell her interest to Al. However, when
Jasper breaks the engagement, Cynthia decides to stay in the house,
and, with Al’s consent, the sale does not go ahead.

A year or so later Bob runs into debt paying for private singing and
dancing lessons. He takes out a loan with the Bow Bank. The Bank
requires Bob to charge his interest in the house to secure the loan.

Last year, on his way to class, Derek dies in a motorcycle accident. In

his will he leaves all his property to a charity that supports retired
actors. A few weeks later Ed, who is grief-stricken at Derek’s death,
emails the others to tell them that he wants to sell his interest in the
house. Network problems delay the delivery of the email. In the
meantime, Ed telephones the others to say that he has changed his
mind.

Three months ago, Bob defaults on his loan repayments. The Bow
Bank now wants the house to be sold but Bob and the other students
want to stay in the house.

Discuss.

UL12/0240ZB
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6. In 2007 Abe bought a set of farm buildings which comprise a
farmhouse and three dilapidated barns: Green Barn, Red Barn, and
Yellow Barn. Abe lives in the farmhouse and converts the three barns
into houses. In the yard at the front of the three barns Abe built a
heated swimming pool.

In 2008 Abe sold the three barns. Each sale contained the following
terms requiring the purchaser to:

(i) use the land as a private dwelling;

(ii) maintain the section of hedge separating each barn from

the farmhouse; and

(iii) pay a proportion of the annual cost of running the

swimming pool.

In 2012, when Abe sold the farmhouse to Bertha, the three barns had
already been bought and sold several times. When she moved in,
Bertha discovered that Carolyn, the owner of Green Barn, was using it
to run her publishing business. Bertha also noticed that the section of
hedge lying between the farmhouse and Red Barn (owned by Dawn)
had blown down. She also learnt that Edwina, who now owns Yellow
Barn, has been regularly using the swimming pool but last year refused
to pay towards a contribution of the cost of heating it.

Advise Bertha.

7. Dan leases Ralph a cottage which forms part of Dan’s large country
estate. The cottage has a small garden, and is a short distance from a
main road. There is a track that runs from the cottage across a narrow
strip of land belonging to Dan’s estate to the main road. Dan regularly
walks from his estate through the cottage garden to reach the track.
The track is the fastest route by which Dan can reach the nearest train
station, and the only means for Ralph to get access to the main road.
A few weeks after the lease is created, Dan allows Ralph to store his
quad bike in a locked shed on Dan’s land.

When Ralph’s lease expires, he buys the registered freehold title to the
cottage from Dan. Ralph and Dan fall out after a quarrel about the
politics of fox hunting. As a result Dan tells Ralph that he must pay to
use that part of the track that lies on the narrow strip of his land. Dan
also insists that Ralph remove the quad bike from his shed. Ralph
therefore decides to lock his garden gate, preventing Dan from using
the cottage garden to reach the track.

Dan seeks advice on his property rights. Advise him.

UL12/0240ZB
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8. “The Land Registration Act 2002 provides that virtually all property
interests affecting title to land should be registered and, therefore, will
be found on the land register. The law should go even further so as to
provide that all interests relating to land must be registered.”

Discuss. (Do not consider adverse possession in your answer)

END OF PAPER

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