UJUUKT-30-Land Law

ONLINE EXAM

Instructions to Students:

The assessment has 4 questions and you must answer any 2:

· The marking criteria is the standard LLB marking criteria

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· Each answer is a maximum of 1250 words. There is no +/- 10% on word count and anything after the maximum word count will not be marked, in line with UWE’s Word Count Policy.

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The question paper is on the next page

LAND LAW

EXAM

Answer any TWO QUESTIONS

Each answer has a maximum word limit of 1250 Words.

Question One

The enforceability of freehold covenants is unnecessarily complicated, requiring implied annexation. It would be simpler if the principles of mutual benefit and burden, and the principles around intention and understanding set out in Elliston v Reacher (1908) applied in every case.

Discuss

Question Two

In 2016, Tigran and Joey purchased the registered freehold property, Solana Villa in Causton. They paid £250,000 and used a mortgage of £200,000 from Neptune’s Bank. The mortgage is stated as being for a term of 15 years, but clause 1 says it is to be paid off in full (“redeemed”) one month after the date the mortgage was taken out. The mortgage is registered as a Legal Charge in the Charges Register. Tigran has lost his job and he and Joey now have problems paying the monthly the mortgage repayments. Joey is working as a self-employed entertainer. In 2022, they obtained planning permission to build two bungalows on part of the Villa’s garden. They were hoping to solve their financial problems by selling these off to a developer.

However, with the current financial crisis, they have been unable to sell the part of the property and are now six months in arrears with the mortgage repayments.

Advise Neptune’s Bank as to what steps they should take, and also what rights Tigran and Joey may have.

Question Three

Scott owns a freehold registered property known as Yeomen House. There is extensive garden area on the south side of the house. Scott obtains planning permission and builds a cottage with an adjoining garage on the garden area. He creates a driveway for the cottage (Mikado Cottage) to the adjoining Kembleford Road, so the owner and occupier of Mikado Cottage does not have to cross the land of Yeomen House.

Scott has been storing pot plants in the garage which takes up about half the space. This is because he runs a garden and flower business in Pineford, the next village about 2 miles away.

Scott is continuing to live in Yeomen House. He now sells Mikado Cottage to Tom. In the deed selling the Cottage, Scott grants to “the owner of Mikado Cottage and their successors in title” the following two rights/obligations:

a) “the right to enjoy a good night’s sleep”

b) “subject to the owner of Yeomen House contributing half of the maintenance costs, the owner of Mikado Cottage shall within three months of the date hereof erect a wall made from stone between Mikado Cottage and Yeomen House between the points marked X and Y on the plan attached, and hereafter maintain the wall in good order”

There is no reference to the storage of the pot plants in the deed.

Advise Tom whether Mikado Cottage benefits from the right at a) above as an easement, whether Mikado Cottage is subject to the obligation as b) above as an easement in favour of Yeomen House, and whether Yeomen House benefits from an easement of storage in respect of the garage as a result of Scott having kept pot plants in there (as they have not yet been removed).

Question Four

Whilst Street v Mountford (1985) set out the principles the Court will consider in determining whether occupation is under a lease or a licence, subsequent cases show that the Courts are prepared to interpret the facts in each case for the benefit of the occupier rather than the landlord.

Discuss.