LAND LAW 2
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M6026 Land Law 2
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M6026 Land Law 2
- In the 1950s Ben sold part of the garden of his house to Isaac to build a new home
on. Ben and Isaac entered into the following covenants in the transfer:
i) the land would only be used for residential purposes and not for business
ii) that no nuisance would be caused to neighbouring property
iii) that only one single-story building would be constructed on the land
iv) that the remaining land around that building would only be used as garden
without any structures
v) that the garden would be maintained to a high standard with a grass lawn
and planted flowerbeds.
Over the years Ben and Isaac both sold on their properties and now they are
owned by Yvette and Mo respectively.
Mo wants to open a new residential nursing home for elderly patients at the
property. Mo wants to enlarge the current property by building an extra storey and
redesigning the garden so it is an outdoor seating area with stone paving, statues
and fountains. There is a shortage of care provision in the local area and Mo has
already received planning permission.
Yvette strongly objects to her neighbour’s plans. Yvette says Mo’s plans will
breach the covenants. Mo and Yvette argued after Yvette said that she refused to
‘live next door to lots of elderly people as they are a nuisance’. Mo wants to start
the building work next week. Mo has told Yvette that the covenants are irrelevant
as they are old and can be automatically modified or discharged at any time.
Advise Mo whether the freehold covenants are binding and whether Mo can start
building work next week.
- Critically analyse the operation of s36 Administration of Justice Act 1970 and s8
Administration of Justice Act 1973 in assisting borrowers in mortgage arrears.
Include in your discussion a consideration of whether short term measures taken
to reduce mortgage repossessions during the pandemic are likely to result in longer
term changes to the law of mortgages.
- ‘The importance of severance…lies in the fact that where a tenancy in common in
equity exists, the right of survivorship will not operate in relation to the equitable
interest, allowing the equitable co-owner to dispose of their interest under a will.’
Emma Lees, The Principles of Land Law (OUP 2020) 507
Explain and discuss the right of survivorship, the methods of severing the joint
tenancy in equity and your views on proposals for reforming these methods.
M6026 Land Law 2
- In 2017 Amina and Ben, an unmarried couple, bought a house outside Lewes as
a home for them and their two children, Clarice and Dominic. Amina contributed
20% more than Ben to the purchase price. The house had a large shed in the
garden which Amina planned to use as a pottery workshop. The property was
conveyed into their joint names but nothing was said explicitly about the beneficial
In 2019 Amina wanted to re-build her workshop but Ben thought this was an
unnecessary expense. Amina took out a loan from ‘Quick Cash Ltd’ secured over
the property, forging Ben’s signature on the loan agreement. Amina told Ben she
won the money on the lottery.
In 2020 Ben lost his job due to the pandemic. Amina needed to pay the household
costs and could not keep up the re-payments on the loan. Quick Cash Ltd, the
secured creditor, is seeking sale of the property. Ben and Amina want to stay in
the house with the children. They are particularly concerned about the effect of
sale on Clarice, who has a condition affecting her sight and is settled at a nearby
Advise Amina and Ben as to the allocation of the beneficial interest in the property
and whether the house is likely to be sold.
How, if at all, would your answer differ if Amina had been declared bankrupt in
Type Of Service: Academic Paper writing
Type Of assignment: Essay
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Academic Level: Undergraduate
Paper Format: OSCOLA
Line Spacing: Double
Language style: UK English