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Question: The Better Homes Housing Company have just completed the redevelopment of a large inner city estate in London. It is their intention to ensure that the entire estate should be for residential occupation only and they propose to impose restrictive covenants on all purchasers to ensure this. They also wish to impose an obligation on all purchasers to keep the properties in good repair, so as to preserve the character of the neighbourhood.

Advise them of the various methods by which this can be achieved, if at all.

Answer: This question requires consideration of the law relating to the transmissibility of covenants between freeholders. Obviously, if the Better Homes Housing Company had wished to retain the freehold of this large estate...


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Details: - Mark: 72% | Course: Land law | Year: 2nd/3rd | Words: 1656 | References: No | Date written: March, 2009 | Date submitted: April 15, 2009 | Coursework ID: 554

Question: LAND LAW ASSIGNMENT
Mr. Walsh & Miss. Kirby are co-habitees and have now decided to establish a business together running a fish and chip shop. Both have children from previous relationships and Mr. Walsh has just sold his property in which he had lived with his former wife. He has been awarded half of the proceeds as part of his divorce settlement. Mr. Walsh has made an appointment for some advice as to how they should finance the venture and the methods by which they could co-own the property. Equally they would like some information regarding freeholds and leaseholds.
Mrs. Walters has requested that you research the relevant issues and provide him with a report outlining your results. In particular it should deal with freehold, leasehold, joint tenancies and tenancies in common. The clients should be provided with some clear advice.

Answer: The term co-ownership refers to two or more people owning land at the same time. Also whenever, the land is co-owned there is a trust held upon the land. There are two...


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Details: - Mark: 71% | Course: Land law | Year: 2nd/3rd | Words: 1456 | References: Yes | Date written: February, 2008 | Date submitted: April 18, 2009 | Coursework ID: 481

Question: Analyse the way in which third party property rights are protected in unregistered conveyancing. Can we say that the Land Charges Act 1972 was successful?

Answer: Before the 1st January 1926, the conveyancing system in England and Wales was under considerable strain. On the one hand, purchasers of land were faced with many difficulties when trying to establish...


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Details: - Mark: 71% | Course: Land law | Year: 2nd/3rd | Words: 2103 | References: No | Date written: November, 2008 | Date submitted: May 07, 2009 | Coursework ID: 539

Question: To what extent did the Trusts of Land and Appointment of Trustees Act 1996 alter significantly the statutory scheme regulating co-owned land?

Answer: Concurrent ownership of land describes the situation where two or more persons are entitled to the simultaneous enjoyment of property, whether that land is to be used for commercial or residential purposes....


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Details: - Mark: 71% | Course: Land law | Year: 2nd/3rd | Words: 2129 | References: No | Date written: November, 2008 | Date submitted: March 27, 2009 | Coursework ID: 542

Question: Discuss to what extent is the following Latin phrase misleading today:

“Cuius est solum eius est usque ad coelum et ad inferos': he who owns land owns everything up to the sky and down to the centre of the earth”. Grade achieved: 70%

Answer: Land law governs ownership of land, and the rights that the owners have over that land (Bray 2014). The doctrine of estates establishes the duration of time that the land may be...


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Details: - Mark: 70% | Course: Land law | Year: 1st | Words: 1516 | References: Yes | Date written: October, 2015 | Date submitted: May 29, 2016 | Coursework ID: 976

Question: LLB Land Law Case Study 70%

In 2008, Daniel owns a large detached house, divided into two self-contained flats, title to which is registered in his sole name. In anticipation of an overseas posting, Daniel had advertised for a tenant for the upper flat and entered into negotiations with Lisa. Unfortunately, they could not agree terms but, on payment of a deposit, Lisa was allowed to occupy the flat while their solicitors negotiated an acceptable lease. Meanwhile, Daniel agreed in writing to sell the bottom flat to his daughter Carrie should he be posted abroad. Hearing of Daniel’s possible departure, Derek, his neighbour, asked whether he could use Daniel’s drive for easier access to his large double garage. Daniel readily agreed, provided that Derek pays for resurfacing of the drive. Derek employs contractors and the drive is completely resurfaced. On hearing of his overseas posting, Daniel realises that he needs to raise some capital. Sarah, his mistress, is willing to buy the property at much more than his daughter could ever afford. Realising that Carrie has not registered her interest, he sells the entire property to Sarah by registered disposition. Sarah wishes to re-convert the house and asks Lisa to leave. She also erects a fence preventing Derek from using her drive. Carrie hears of the sale and seeks to enforce her right to buy the bottom fiat against Sarah.

Advise the parties.

Answer: As the new registered proprietor of the land, Sarah will be bound only by those overriding interests subsisting at the date of registration of her new title, as well as any registered...


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Details: - Mark: 70% | Course: Land law | Year: 2nd/3rd | Words: 1615 | References: No | Date written: March, 2009 | Date submitted: April 15, 2009 | Coursework ID: 558

Question: To what extent is freedom of contract inconsistent with the traditional view of a mortgage as being the grant of a proprietary interest in land merely as a security, albeit one which deserves special protection from a court of equity?

Answer: In one very important sense, this question is misleading. A mortgage is both an interest in land and a contract. It partakes of the attributes of both and in the great majority...


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Details: - Mark: 70% | Course: Land law | Year: 1st | Words: 1287 | References: No | Date written: February, 2009 | Date submitted: May 04, 2009 | Coursework ID: 556

Question: ‘The basic reasons for the introduction of a land registration system were
realised by the Land Registration Act 1925. The system was not perfect, but it has been enhanced by the entry into force of the Land Registration Act 2002.’

Discuss.

Answer: The 1925 property legislation, and the Land Registration Act 1925 represented a significant change in the structure of land law in England and Wales. Prior to then, the mechanics of conveyancing were...


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Details: - Mark: 70% | Course: Land law | Year: 2nd/3rd | Words: 2184 | References: No | Date written: January, 2009 | Date submitted: December 05, 2009 | Coursework ID: 536

Question: ‘The protection of equitable interests in unregistered land is far weaker than
the protection given to equitable interests in registered title. However, the
Land Charges Act was only meant to provide a temporary system and at least unregistered title is fast disappearing.’

Discuss

Answer: The machinery instituted by the LCA 1972 and the LRA 2002 was intended to achieve the same objective, albeit that the latter is far more wide-ranging than the former and has been...


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Details: - Mark: 70% | Course: Land law | Year: 2nd/3rd | Words: 2179 | References: No | Date written: February, 2009 | Date submitted: April 27, 2009 | Coursework ID: 541

Question: Critically assess the remedies available to landlords for breach of covenant by their tenants. What factors may influence a landlord when deciding which remedy to pursue?

Answer: One of the notable advantages of the leasehold estate is that it allows two or more persons to use and enjoy property at the same time. In the typical case, the tenant...


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Details: - Mark: 70% | Course: Land law | Year: 2nd/3rd | Words: 2230 | References: No | Date written: November, 2008 | Date submitted: January 27, 2009 | Coursework ID: 546


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