Instructions to Students
This anonymised examination is an individual assessment of your knowledge and understanding
You have 24 hours to complete the examination (except for those with an agreed time adjustment) Time starts when the examination paper is released on Blackboard, which will be 9.00am UK time
Create a single word document and write your answers in this document double-spaced and 12pt font
Write your student G number (but not your name) on the document
Start each new answer on a new page
Upload your word document via the Turn-in-In drop box located on your module Blackboard page
By completing this examination, you are declaring that you are the sole author of the work uploaded, except where indicated otherwise.
Sole authorship means you have not used any 3rd party help, guidance and support in completing the examination between the time of release of the paper and the time of submission of your answers Your submission will be checked for plagiarism, collusion, contractcheating and any other such unfair means which can be used to gain an advantage. The use of unfair means is a disciplinary offence.
ANSWER 3 questions
- “It has become increasingly obvious that the regime of registered title incorporates rules and concepts which are substantially quite different from the principles which have regulated unregistered estates.”
(Gray & Gray, Elements of Land Law, 5th ed, OUP, 2008, p.191)
In light of the above, critically evaluate whether the system of registration of title is an improvement on the equivalent position in unregistered land.
- In 2018, a few days before Ben’s 18th birthday, he and his wealthy older siblings, Anya, Callum, Dane and Ena purchased a country cottage, ‘Ash Vale’, as a quiet hideaway in which to focus on their studies and enjoy some leisure time. Each contributed £80,000 to the purchase price of the property.
Six months later, Anya needed funds to go back-packing round the world, so she contacted the others by Skype to see if they were interested in buying her share of Ash Vale. When she heard nothing from them to indicate their intentions, she sold her share of the property to Ben’s fiancée, Fay, without telling Callum, Dane and Ena. In December 2019, Anya was killed by a drunken motorist whilst crossing the road in
In November 2020, Callum sent a letter by first class post, addressed to the others at Ash Vale, telling them that he needed his share of the property immediately to buy a house with his girlfriend. The letter arrived at Ash Vale around 11 am next morning when Callum was out and, on his return that evening, the letter was unopened. Going into the garden shed, with the letter in his hand, he was horrified to find Dane and Ena had died of food-poisoning, caused by eating contaminated meat. In his anguish, Callum tore the letter into shreds before calling the emergency services, who confirmed that Dane and Ena had died about two hours earlier. Ben had been asleep all day and knew nothing of these events until Callum told him. Dane and Ena had each made wills, leaving everything they owned to their respective partners, Gail and
Fay is pregnant, so she and Ben wish to live on a permanent basis at Ash Vale and to convert it into an ice-cream parlour from which to derive their livelihood. However, because of all the sad memories the property now holds, Callum wants to sell Ash Vale without delay and has told Fay that she must not move in.
Answer BOTH parts (a) AND (b)
a) Trace the devolution of the legal and equitable ownership of Ash Vale.
(80% of the marks)
b) Advise the engaged couple on the likelihood of their wishes being fulfilled despite Callum’s objections. (20% of the marks)
- Lena, a university lecturer, owns the fee simple in a small seaside-cottage, ‘The Seashell’. In May 2020, whilst the property was unoccupied, she was approached by Isla and Tahil, two young chefs, who had just found work at a nearby restaurant. Isla and Tahil were unconcerned that Seashell had only one bedroom because “they were excited at the prospect of making their relationship more intimate”. They were each
happy to sign almost identical but separate ‘licence agreements’ on consecutive days, agreeing the following:
(i) To pay rent totalling £1800 per quarter;
(ii) To allow Lena to spend her summer vacations at the cottage;
(iii) To permit someone of Lena’s choice to share the cottage with the remaining occupier should either Isla or Tahil ever leave;
(iv) To stay away from Seashell whenever Lena wishes to use the cottage to host meetings of local sailing club members.
In February 2021, Lena phoned a work colleague, Afram, to invite him to take a fiveyear lease of her freehold country-house, ‘Acorn Delight’, to convert into hotel accommodation. One day later, they met up for lunch during which they scribbled the contents of their discussion about the lease on the back of a menu. Lena told Afram that there was no need for any formal documentation, as her “word was good enough”.
Afram agreed to pay annual rent of £12,000; to install central heating throughout the property and to restore an old fountain in the grounds. They still had to sort out responsibility for the buildings insurance. Lena gave Afram a key to enable him to move in, after which he began to make regular payments to her. Soon afterwards, he ordered a central heating boiler and radiators but then sustained a broken shoulder,
which put him out of action for many weeks.
Lena has unexpectedly retired from work so has decided to sell Seashell and Acorn Delight. She has, therefore, served notice on Isla, Tahil and Afram, telling them to vacate the respective properties with immediate effect. She is insisting that Afram carry out the central-heating installation (which he has not yet started) and to leave the fountain in a fully-functioning condition.
Advise Isla, Tahil and Afram.
Disregard any protection afforded to residential occupiers by the Housing Act 1988 as amended and to business tenants by the Landlord and Tenant Act 1954 as amended,
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