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LAND LAW 2
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The maximum word count is 2000 words
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M6026 Land Law 2
2
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M6026 Land Law 2
3

  1. 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
    purposes
    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.
  2. 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.
  3. ‘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.
    /TURN OVER
    M6026 Land Law 2
    4
  4. 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
    interest.
    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
    school.
    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
    2020?

Type Of Service: Academic Paper writing
Type Of assignment: Essay
Subject: Law
Pages/words: 8/2000
Number of sources: N/A
Academic Level: Undergraduate
Paper Format: OSCOLA
Line Spacing: Double
Language style: UK English