Examination Paper Structure
This paper contains 5 pages and 6 questions
Answer 3 questions only
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ANSWER ANY 3 QUESTIONS
Given the existence of overriding interests (“the crack in the mirror”) in the registered land system, it is fair to conclude that the system offers little improvement to the unregistered land system.
Critically analyse this assertion.
In 2015 Gaby bought the freehold to two neighbouring properties: No.1 and No.3 Acacia Avenue.
Gaby agreed to allow Alex and Sam (a married couple) to move into No.1, which was a small one bedroom cottage. Alex and Sam both signed separate licence agreements which contained the following terms:
- Gaby reserved the right to introduce a new occupier into No.1 at any time
- Gaby would need to stay at the property when her children were home from University
- Gaby could access the property to cut and take roses off the bushes when they were in bloom.
Gaby also agreed with Mo that he could take a lease for No.3 to open a fishing tackle shop. They met at a local café and wrote down the agreed terms on a napkin, which Gaby said she would pass to her solicitor. The terms of the lease for No.3 were:
• Yearly rent of £8,000
• 6-year term
• Mo would replace all the ground floor windows and install the shop fittings.
Gaby told Mo that she was happy to let him have a key whilst the legal paperwork was finalised. Mo has been making weekly payments to Gaby and has also completed the shop fit out. Unfortunately, he did not replace the windows and last week, one of the windows shattered injuring a passer-by.
Last week, Gaby sold the freehold to No.1 and No.3 to James, who has served notice on the occupiers of No.1 and No.3 requiring them to leave.
a) Advise Alex and Sam on whether they have a lease or a licence of No.1. Include in your answer any further information you may require in order to decide this point.
b) Advise Mo on whether he has a 6 year legal lease and if not what are the alternatives.
Disregard any protection afforded to residential occupiers by the Housing Act 1988 as amended and to business tenants buy the Landlord and tenant Act 1954 as amended
In 2016, Ariel, Brian, Caroline, Darius and Elise bought Manor Park to live in as their residential home whilst they undertook their Legal Practice Course and their solicitor’s training contracts. All contributed equally to the purchase price. In the Deed of Transfer, all five purchasers declared that they would hold the property on trust for themselves as beneficial joint tenants. The freehold title was registered at The Land Registry. They then all moved into Manor Park.
In 2017, Elise asked the others whether they would buy Elise’s ‘share’ of Manor Park. They agreed to discuss the matter but before matters could proceed any further, Elise died in a skiing accident. By her Will, she left all her property to her mother, Francis.
In 2018, Darius sent a letter to the others, telling them that he wanted Manor Park to be sold as soon as possible and his share paid to him. When Darius came home a few days later, he saw the letter on the doormat and placed it in a kitchen drawer where it remained. Several weeks later, Darius died in a car accident and, by his Will, he left all his property to Gabriella. Gabriella does not move in.
In 2019, Caroline mortgaged her own share of the beneficial interest in Manor Park to Sintinder Bank PLC (‘the Bank’). She used the loan from the Bank to refurbish parts of the property and to go on holiday.
In 2020, Ariel and Brian got married and went on honeymoon where they tragically died in a hiking accident. Ariel’s Will left all his property to charity, while Brian’s Will left all his property to Caroline. Ariel was older than Brian.
Caroline would like to retain Manor Park as she is now running her own legal services business from Manor Park and is also living there with her partner, Harry, as their home. She is shocked to have received a letter from Gabriella, demanding that Manor Park be sold and the proceeds of sale shared out.
Answer BOTH parts (a) AND (b)
a) As to the devolution of the legal and equitable interests in Manor Park
b) Whether Gabriella can force a sale of the property
In 2018 Syed bought the freehold to an old building in need of considerable renovation but with an upstairs space he could convert to two flats if necessary. His plan was to open an indoor climbing centre. Syed had no choice but to borrow money from Nasty Bank Plc, who lent him £150,000. The loan was secured by way of a legal mortgage over the premises for a term of 25 years.
The mortgage contained the following terms:
a) The loan will be repaid by monthly instalments over 25 years, with no opportunity for early repayment.
b) The rate of interest for the whole period of the loan will be 37.5%
Even though business is booming, Syed is struggling with the repayments given the high interest rate and he is now several months in arrears. To try and save money, he has moved into one of the upstairs flats and has let the other flat out to a friend. Given the success of the business, Syed is confident that he could arrange alternative finance at a more competitive interest rate and pay off his mortgage with Nasty Bank PLC. However, this morning he received a letter that Nasty Bank Plc are to begin legal proceedings to repossess the premises. Syed wants to be given an opportunity to clear all the arrears.
Type of service: Academic Paper Writing
Type of assignment: Essay
Number of Sources: 0
Academic level: Undergraduate
Paper Format: OSCOLA
Line spacing: Double
Language style: UK English