LIVERPOOL JOHN MOORES UNIVERSITY

SCHOOL OF LAW

MODULE TITLE: LAND LAW

MODULE CODE: 5304LAWCL

SEMESTER NUMBER 2, 2023 Duration: 24 Hours

Word Limit: 2,000 Section A

INSTRUCTIONS TO CANDIDATES

This examination was released at 9.30am on the24th April and must be completed
and submitted by 9.29am on the 25th April.
The answer sheet must be uploaded as a word document to Canvas.
This online examination is subject to all the normal rules and provisions relating to
academic misconduct.
Section A:Please answer one of the Eight questions in this section. Word limit
maximum of 2,000. No minimum word count.
AND
Section B: Please answer all of the 10 Multiple choice questions.

OSCOLA referencing (footnotes) and bibliographies are not required.

Deadline: 9.29am 25th April 2023 Via Canvas assignment tab.

Your answers to the questions must be typed into a single word document. You
must add your 6 digit student number to the header of this document. You must also
include your 6 digit student number in BOTH the file name and submission title
(when you upload it to Canvas).

Submission of this assignment serves as acknowledgement that you have read and
understood the University’s Academic Misconduct Policy (available at
https://www.ljmu.ac.uk/~/media/staff-intranet/academic-registry/files/policy-page/
academic-misconduct-policy.pdf?la=en).

This paper consists of 10 pages

LAND LAW 5304LAWCL – APRIL 2023

 Section A

Please answer ONE of the following – max word count 2,000 words

1. The law must achieve ‘a fine balancing act between the interests of lenders
and those borrowing money.’ (Bevan C, Land Law (2018) OUP: Oxford,
p.501).

Evaluate the accuracy or otherwise of the above statement, making reference

to case law relevant to one or more of the following:

a. the equity of redemption, and/or

b. the need to avoid undue influence and/or
c. the concept of the equitable mortgage

2. Charles was the fee simple owner of a large country estate called “Mountford
Estate”. The estate comprised of a large country house set in mature gardens
(“Mountford Hall”), a stable block, and some out buildings. The estate is
reached via a large single track driveway. Access to the stables and
outbuildings could be reached via a larger driveway designed for farm vehicle
access.

In November 2010Charles leased the stables and outbuildings to Neil for ten
years, at market rent, for Neil to use for hisbusiness. Neil converted the
outbuildings into a farm shop and converted the stables into refrigerated
storage rooms to store the fresh produce made to sell in the shop. However,
neither the stables nor the outbuildings had a kitchen so Charles allowed Neil
to use his kitchen to cook the produce to sell, in Mountford Hall unless Charles
was entertaining guests at the Hall, which depended upon whether Charles
was hosting his various parties or was on his month long around the world
cruises.

In 2020Charles renewed the lease to Neil for a further 7 years.

In 2021Neil’s business boomed as everyone was into the organic meals he

cooked and, to attract even more business Neil, directed his customers to use
the single track driveway to the stables and outbuildings, believing that it
created a better impression to visitors. Since he had first leased the stables and
outbuildings in 2010, Neil had always directed his friends to use the single track
entrance rather than the farm vehicle access, and Charles had allowed this.

In January 2023, Charles decided to lease Mountford Hall to Edgar for ten
years so that Charles could go travelling around the world and stay for a time in
the various countries that he had enjoyed visiting.

LAND LAW 5304LAWCL – APRIL 2023

 Advise Edgar.
3. The reform of Adverse Possession in the LRA 2002 marks the beginning of the
creation of absolute property in land not by express decision but by
bureaucratic formalities.
Do you agree with this statement?

4. In 2015, Frank purchased two adjoining freehold houses, known as Greystoke,

and Castle Rock, respectively. Both of these premises have been registered
with the Land Registry since the 1990s. Five years ago, Frank sold Greystoke
to his friendBruce, covenanting (both within the deed and verbally) as follows:

(i) that neither Bruce, nor any of his successors in title e.g. purchasers,
tenants, heirs or licensees will carry on any trade or business activity
whatsoever upon the premises
(ii) that both parties will maintain and keep in good repair the various dry-
stone walls surrounding the premises, and continue to oversee the care of
the cherry orchard which lies between the two properties
(iii) that he, Bruce, and his successors in title will only use the premises as a
single, private dwelling house, to be occupied by no more than one single
family
(iv) that he, Bruce, and his successors in title, will continue to pay the annual
costs, including insurance, related to the upkeep of the two unadopted,
unpaved, commonly owned private laneways leading to the two houses.

In 2021, Bruce sold and conveyed Greystoke to Freda, his daughter, who had
recently returned from working abroad. Three weeks later, Frank passed away,
leaving his entire estate to his son Josh. Freda now plans to convert Greystoke
into a 6 bedroomed country retreat hotel, and to fell her half of the orchard to
build two townhouses, to be let out to other guests. Josh is vehemently
opposed to both of these ideas and is also quite livid at discovering that one of
the laneways is now completely overgrown and partly flooded due to many
years’ neglect.

Advise Freda and Josh as to their obligations in respect of the various

covenants made by their predecessors in title, making clear reference to
relevant case law, legislation and academic commentary.

LAND LAW 5304LAWCL – APRIL 2023

 5. ‘Buying and Selling property involves an often complex and long drawn- out
process and is not as straightforward as Clients believe.’

Explain why in your answer with reference to the Conveyancing process?

6. Joel, Ron,Niall, Michael&Harvey (all friends at the time) decide to buy the
freehold property known as ‘Redberry Cottage’ as a home to live in and
renovate. The property is derelict and they want to use their skills learnt while
working for a local builders firm where they all met. The purchase goes ahead
and they move into the property.

Six months after moving in, Joel meets Ellie and decides he no longer wants to
live in the partially renovated ‘Redberry Cottage’ but as the other lads are keen
on staying there, he sells his share to Niall.

A year after this, Michaelis sadly killed in a car accident while running out to the
shops to get more supplies. In his will, he left his share of the property to his
sister Rose whom he was always close to.

Ron is upset with everything that has happened in the property over recent
years and thinks it would be best if the property were sold.
Harvey who has been funding his girlfriend’s art gallery business finds that the
business has become unsuccessful and that he has been made bankrupt.
Ron feels that the property has become unlucky for them all and wants to
sell,however, Niall and Harvey want to keep the property to live in as they feel
they have invested so much time and energy in renovating it that they now
want to enjoy the benefit of it.

Please advise on the devolution of both the legal and equitable interests in the
property and whether you think the court will grant an order for sale and why?

7. Overriding interests mean that despite the changes brought in by the 2002
Land Registration Act, the register will never and should never truly reflect all
interests in the land.

Critically discuss this statement.

LAND LAW 5304LAWCL – APRIL 2023

 8. Jordan owns a large residential property, which has been sub-divided into a
number of self-contained flats. At the very top of this property is a one bed-
roomed flat that comprises, one bedroom, a large living room, a kitchen, and a
bathroom.

Jordan advertises this top floor bedroom for rent. Kate and her boyfriend,
Patrick, answer the advertisement and Jordan shows them round the top floor
flat. The bedroom in the flat is unfurnished. Jordan asks the couple whether
they would like two single beds or a double bed if they should take the flat,
offering to provide either. They choose a double bed and agree to take the flat
at a rent of £700 per calendar month. Jordan replies that he will get a written
agreement drawn up for them to sign by his Solicitor and, on signing this
agreement, they pay one month’s rent as deposit and the first month’s rent,
and then he will give them the keys to the flat.

When Kate and Patrick arrive to sign the written agreement and pay the
deposit and first month's rent, Jordan presents them with two separate but
identical agreements, one for each of them. Each agreement is described as
a ‘licence’ and contains the following clauses:

i) That the tenant is not to assign, sub -let or otherwise part with possession of
the bed sitting room
ii) That either party to the document can terminate the agreement on 7 days
written notice to the other party.
iii) The rent is £350 pounds each per calendar month
iv) Jordan is entitled to require the tenant to share possession of the bed sitting
room with one other person at any time
v) Nothing in this document creates a tenancy

Kate and Patrick love the flat and haven’t found anything else they like in the
area so each sign one of these two written agreements. Kate moves in the next
day and Patrick moves in 1 week later as he had been looking after his mother
for a week while she was ill.

Jordan retains a key to the flat to provide cleaning services once a month for
Kate and Patrick but never provides those services. Jordan does enter the flat
in the second month of the tenancy stating he wants to show a prospective
tenant the flat but no prospective tenant is with Jordan when he visits the flat.

Kate is sick of Patrick never tidying up after himself and decides to end the
relationship so moves out after four months. Patrick hates living alone so asks
his friend Jay to move into the flat to replace Kate. Jay moves into the flat and
starts paying rent to Jordan in accordance with the agreement that Kate signed.

Two months later Patrick and Jay receive a letter from Jordan requiring them to
vacate the attic flat in 7 days’ time. They have each paid the monthly rent on
time. One of their neighbours told them that Jordan now wants the flat for his
son.

LAND LAW 5304LAWCL – APRIL 2023

 Advise Patrick and Jay.

Section B -Please Answer All Questions in this Section.

You must answer all MCQ’s for the following problem scenario. Please
provide the answers on your word document by clearly identifying the
question number and relevant answer.

Problem Scenario:

Roger is buying a Cottage that he viewed last week called “Woodlands” which
is situated in Cheshire and is owned by Barbara John and Josh.

Barbara has been one of the owners of the property for around 15 years and
has renovated it over this time.Title to this property is registered. The asking
price for the property is currently £475,000. Roger has put an offer in for
£455,000 which Barbara has now accepted.

Barbara informed Roger last week there was another person viewing the
property called Rachel. She was also interested in buying Woodlands and
wanted to make a higher offer of purchase to Barbara. Barbara decided
against accepting the offer when she heard that Rachel still had another
property to sell.
Roger’s Solicitor has discovered that the property was purchased by Barbara
and her 3 brothers John, Dylan and Josh together 15 years ago. John was
made bankrupt a few months ago after a few disastrous investments and
Dylan sadly died around 1 year ago and had left his share to his wife Rebecca
in his will.
Roger’s Solicitor has also discovered that in 2017 Barbara and her brothers
split the land in two parts and built a second property called ‘Pastures’ which
they leased to Elizabeth for five years. Shortly afterwards Barbara and her
brothers agreed that Elizabeth could:

i) Use the garden shed of the Woodlands to store logs for her
woodburner;

ii) Use the driveway belonging to Woodlands at all convenient times to

gain access to her garage.

Last year Barbara and her brothers renewed Elizabeth’s lease for a further 5
years. A few weeks agoBarbara had an argument with Elizabeth that she had
left no room in the garden shed for Barbara to store anything, as it was full of
her logs. Barbara has told Roger’s Solicitor that she has now forbidden

LAND LAW 5304LAWCL – APRIL 2023

 Elizabeth to store her logs and has said that Elizabeth cannot use the
driveway of Woodlands.

A week after contracts are signed and exchanged, there is a terrible storm
and the cottage’s thatched roof is extensively damaged and burnt when
lightening hit the tv aerial and caused a fire.

Roger’s Solicitor has also discovered from the plans that part of the back
garden Barbara has been using actually belongs to the registered property to
the rear of them but Barbara said when they first bought the property there
was no fence dividing the two properties just a bit of barbed wire, so she
erected a nice fence herself and may have taken a little bit more than she was
supposed to. Barbara said that Josh has been using it to plant his potatoes
and organic veg!

Please answer the questions below. You must provide one correct
answer to each question.

1) Which one of the following would you advise Roger in relation to insurance
for the damage caused to the thatched roof? Please answer A, B, C or D.

a) The risk has passed to Roger under SCS 5.1 as he has exchanged
contracts.
b) The risk remains with Barbara as Roger hasn’t yet completed and
moved in.
c) Roger can refuse to go ahead with the purchase as the property has
been damaged.
d) Neither party is responsible for the insurance as this is an act of nature
and therefore the council has to pay for the cost of damage.

2) With regard to the higher offer made to Barbara by Rachel, is there

anything to stop Barbara from accepting Rachel’s offer if she had decided
to, before exchange of Contracts?
Which one of the following would you give as the correct answer? Please
answer A, B, C or D.

a) No, as this is called gazumping and is allowed.

b) No, as this is called gazundering and is allowed.
c) Yes, as Barbara and her brothers have agreed to accept Roger’s offer
first and are therefore bound to sell to him.

LAND LAW 5304LAWCL – APRIL 2023

 d) Yes, as Roger would have spent money on a survey so can stop the
sale to another person.

3) The property was bought by Barbara and her brothers together as joint
tenants. Following Dylan’s death how would his title devolve?
Which one of the following would you give as the correct answer? Please
answer A, B, C or D.

a) Dylan’s death severs the joint tenancy as it is registered and therefore

upon the death of Dylan his share goes to his wife Rebecca.
b) The right of survivorship will apply and the title will devolve on the other
surviving owners Barbara, Josh and John as joint tenants.
c) Dylan’s share will go to his wife Rebecca as he left a will.
d) Dylan’s share will be severed on his death and will go to Barbara, Josh
and John as tenants in common.

4) The property was bought by Barbara and her brothers together as joint
tenants. Following John’s bankruptcy how would his title devolve?
Which one of the following would you give as the correct answer? Please
answer A, B, C or D.

a) John’s bankruptcy severs the joint tenancy so Barbara, Josh and

Rebecca will hold a third share each as tenants in common.
b) John’s bankruptcy severs the joint tenancy so that Josh, Barbara
and John will each have a third share in the property as tenants in
common.
c) John’s bankruptcy has no effect on the title and has nothing to do
with the property.
d) John’s bankruptcy severs his share and a third of the property will
be held by his trustee in bankruptcy as a tenant in common and
Barbara and Josh will own 2 thirds as joint tenants.

5) Regarding the extra garden that Barbara and Josh have taken, what would
you advise Roger?
Which one of the following would you give as the correct answer? Please
answer A, B, C or D.

a) Barbara and Josh now own that extra land through adverse possession
as they have used it for 15 years and nothing further needs to be done.
b) Barbara and Josh now own that extra land through adverse possession
as they have used it for over 12 years and therefore can automatically
register it as theirs.
c) Barbara and Josh can make an application to HMRC as they have
been using the land as theirs for over 10 years but the current owners
can object.

LAND LAW 5304LAWCL – APRIL 2023

 d) Barbara and Josh can make an application to HMRC as they have
been using the land as theirs for over 10 years and the register will be
amended to include it in their title.

6) Regarding the extra garden that Barbara and Josh have taken, how would
your advice to Roger differ if the Land was unregistered?
Which one of the following would you give as the correct answer? Please
answer A, B, C or D.

a) Barbara and Josh now own that extra land through adverse possession
as they have used it for 15 years and nothing further needs to be done.
b) Barbara and Josh now own that extra land through adverse possession
as they have used it for over 12 years and therefore can automatically
register it as theirs.
c) Barbara and Josh can make an application to HMRC as they have
been using the land as theirs for over 10 years but the current owners
can object.
d) Barbara and Josh can make an application to HMRC as they have
been using the land as theirs for over 10 years and the register will be
amended to include it in their title.

7) Roger wants to know whether he can stop Elizabeth using the Driveway if
he were to buy the property.
Which one of the following would you give as the correct answer? Please
answer A, B, C or D.

a) No, he can’t as Elizabeth has an express Legal Easement

b) No, he can’t as Elizabeth has an express Equitable Easement
c) No, he can’t as Elizabeth has an implied Easement under S62
d) No, he can’t as Elizabeth has an Easement through Prescription.

8) Roger wants to know whether he can stop Elizabeth storing her logs if he
were to buy the property.
Which one of the following would you give as the correct answer? Please
answer A, B, C or D.

a) Yes, he can, as Elizabeth can’t show that the easement

accommodates the Dominant tenement.
b) No, he can’t as Elizabeth has an implied Easement through necessity
c) No, he can’t as Elizabeth has an implied Easement under S62
d) Yes, he can as Elizabeth can’t show that the right is capable of being
the subject matter of a grant due to excessive use.

LAND LAW 5304LAWCL – APRIL 2023

 9) Following completion of the sale of the property to Roger, his Solicitor
needs to deal with post completion matters.
Which one of the following would you give as the correct answer? Please
answer A, B, C or D.

a) Stamp Duty and the SDLT form would need to be submitted to HMRC within
14 days and an application made to HMRC using form AP1 to register the
property.
b) Stamp Duty and the SDLT form would need to be submitted to HMRC within
30 days and an application made to HMRC using form AP1 to register the
property.
c) Stamp Duty and the SDLT form would need to be submitted to HMRC within
14 days and an application made to HMRC using form FR1 to register the
property.
d) Stamp Duty and the SDLT form would need to be submitted to HMRC within
30 days and an application made to HMRC using form FR1 to register the
property.

10) If Barbara and her brothers had a current mortgage over the property how would
this be protected?
Which one of the following would you give as the correct answer? Please
answer A, B, C or D.

a) The Mortgage would be protected as a C(i) Land Charge.

b) The Mortgage would be protected by depositing the title deeds with the
lender.
c) The Mortgage would be protected by a notice in the proprietorship register.
d) The Mortgage would be protected by a notice in the Charges register.

LAND LAW 5304LAWCL – APRIL 2023