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Question: Critically examine the way the courts have interpreted Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989

Answer: There has been legislation in relation to the contract for sales and dispositions of interests in land since 1677 and it is important to note that much of the legislation was simply...


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Details: - Mark: 77% | Course: Land law | Year: 2nd/3rd | Words: 2299 | References: No | Date written: January, 2004 | Date submitted: March 29, 2011 | Coursework ID: 655

Question: What is a lease?

Answer: By virtue of s 1 of the Law of Property Act 1925, a term of years absolute in possession is one of the two estates in land that may exist either at...


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Details: - Mark: 76% | Course: Land law | Year: 1st | Words: 1764 | References: No | Date written: February, 2009 | Date submitted: April 27, 2009 | Coursework ID: 551

Question: LAND LAW CASE STUDY: Paula and Paul, brother and sister, have recently discovered that their l7 year-old nephew Frank has been orphaned in a road accident and that they are his legal guardians. In anticipation of Frank coming to live with them, they decide to buy a bigger house with their savings and with some of the money left to Frank by his parents over which they have lawful control until Frank is 18. The new house, title to which is unregistered at all material times, is expressly conveyed into their joint names as legal and equitable joint tenants. There is no mention of the fact that Frank’s money was also used. Frank arrives and Paula and Paul employ a live-in personal tutor, Matilda. Matilda lives in a self-contained part of the house for which she pays Paula and Paul £70 a week. Unknown to Matilda and Frank,
Paula and Paul sell the property to Perry. Perry is told, and believes, that Frank and Matilda are the vendors children.

Advise Frank (who is now 18) and Matilda as to their right to stay in the
property. Is the law in this area satisfactory?

Answer: In this problem, we are faced with the difficulties that can arise from the operation of the trust of land and the overreaching provisions of the Law of Property Act (LPA) 1925...


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Details: - Mark: 74% | Course: Land law | Year: 2nd/3rd | Words: 1810 | References: No | Date written: December, 2008 | Date submitted: April 27, 2009 | Coursework ID: 543

Question: To what extent have the courts recognised contractual licences as interests in land? Why is the issue important?

Answer: A licence is classically defined in Thomas v Sorrell (1675) as a permission to use land belonging to another which, without such permission, would amount to a trespass. It is the consent...


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Details: - Mark: 74% | Course: Land law | Year: 2nd/3rd | Words: 2109 | References: No | Date written: February, 2009 | Date submitted: April 27, 2009 | Coursework ID: 547

Question: In what circumstances may the burden of a freehold covenant pass to a successor in title of the original covenantor?

Answer: It is a general principle of English law that, while the benefit of a contract can be assigned to a third party, the burden of a contract cannot. In the law of...


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Details: - Mark: 74% | Course: Land law | Year: 2nd/3rd | Words: 1368 | References: No | Date written: February, 2009 | Date submitted: April 27, 2009 | Coursework ID: 550

Question: Critically examine the new law on land registration. What are the principal differences to the Land Registration Act 1925? Will the new law achieve the aims of its progenitors?

Answer: In considering how to write this essay it came to mind that there were two ways in which to interpret the above question. One interpretation would be that in order to answer...


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Details: - Mark: 73% | Course: Land law | Year: 2nd/3rd | Words: 1780 | References: No | Date written: October, 2004 | Date submitted: March 29, 2011 | Coursework ID: 656

Question: To what extent is it possible to predict the circumstances in which a plea of
proprietary estoppel will be successful and the consequences thereof for the person against whom the estoppel operates?

Answer: The exact purpose or role of proprietary estoppel is a matter of some debate. On the one hand, and in similar fashion to the related doctrine of promissory estoppel, proprietary estoppel can...


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Details: - Mark: 73% | Course: Land law | Year: 2nd/3rd | Words: 2007 | References: No | Date written: November, 2008 | Date submitted: January 27, 2009 | Coursework ID: 548

Question: Analyse the methods by which legal and equitable mortgages might be created since 1925. What was the purpose of the 1925 reforms?

Answer: All land has an economic value, and a mortgage is one of the most effective ways by which an owner may realise it. Although today the mortgage is most commonly employed to...


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Details: - Mark: 73% | Course: Land law | Year: 2nd/3rd | Words: 2182 | References: No | Date written: January, 2009 | Date submitted: May 20, 2009 | Coursework ID: 553

Question: To what extent have recent decisions of the House of Lords clarified the circumstances in which a person may plead ‘undue influence’ as a defence to a mortgagee seeking to exercise its remedies under the mortgage?

Answer: The law of undue influence may be called in aid by a mortgagor seeking to avoid the consequences of a mortgagee’s exercise of one of its remedies. Often, it is pleaded as...


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Details: - Mark: 73% | Course: Land law | Year: 2nd/3rd | Words: 2881 | References: No | Date written: January, 2009 | Date submitted: March 10, 2009 | Coursework ID: 555

Question: Explain, with the use of examples, how freehold covenants may effectively impose controls over land use which bind all successors in title to the original covenantor and covenantee.

Answer: The concept of freehold restrictive covenants places around promises made by one party to another. In this sense, obligations are placed on parties in respect of freehold conveyances which bind partied to...


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Details: - Mark: 72% | Course: Land law | Year: 2nd/3rd | Words: 988 | References: No | Date written: Not available | Date submitted: November 27, 2012 | Coursework ID: 753


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