14 January 2015
Level 3
LAND LAW
Subject Code L3-4
THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES
UNIT 4 –LAND LAW*
Time allowed: 1 hour and 30 minutes plus 15 minutes reading time
Instructions to Candidates

You have FIFTEEN minutes to read through this question paper before the start of
the examination.

It is strongly recommended that you use the reading time to read the
question paper fully. However, you may make notes on the question paper or in
your answer booklet during this time, if you wish.

The question paper is divided into TWO sections. You must answer ALL the
questions from Section A. There are three scenarios in Section B. You must
answer the questions relating to ONE of the scenarios in Section B ONLY.

Write in full sentences – a yes or no answer will earn no marks.

Candidates must comply with the CILEx Examination Regulations.

Full reasoning must be shown in answers. Statutory authorities, decided cases and
examples should be used where appropriate.
Information for Candidates

The mark allocation for each question and part question is given and you are advised
to take this into account in planning your work.

Write in blue or black ink or ballpoint pen.

Attention should be paid to clear, neat handwriting and tidy alterations.

Complete all rough work in your answer booklet. Cross through any work you do not
want marked.
Do not turn over this page until instructed by the Invigilator.
*
This unit is a component of the CILEx LEVEL 3 PROFESSIONAL QUALIFICATIONS and LEVEL 3 LEGAL
SERVICES KNOWLEDGE QUALIFICATIONS
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SECTION A
(Answer ALL questions in Section A)
1.
Explain in what circumstances a landowner could claim that a trespass has
occurred in the airspace above his land.
(4 marks)
2.
Explain the meaning of the phrase ‘term of years absolute’.
3.
Under the Land Registration Act 2002:
(5 marks)
(a) What types of lease must be registered with their own title number?
(3 marks)
(b) What are two other interests which can be registered with their own
title number, apart from a term of years absolute and a fee simple
absolute?
(2 marks)
(Total: 5 marks)
4.
Explain what is meant by the ‘insurance principle’ in relation to the land
register for registered land.
(3 marks)
5.
How does the class of ‘good leasehold title’ differ from that of ‘absolute
leasehold title’?
(2 marks)
Explain:
6.
(a) one method by which the joint tenancy of two co-owners can be
severed in equity;
(2 marks)
and
(b) the result of such severance.
(3 marks)
(Total: 5 marks)
7.
Explain the importance of the decision in the case of Re Ellenborough Park
(1956).
(4 marks)
8.
What is meant by a ‘profit a prendre’?
(2 marks)
9.
Outline one of the circumstances in which the Upper Tribunal (Lands
Chamber) has statutory power to discharge a freehold covenant.
(2 marks)
10. Explain the main features of an endowment mortgage.
(4 marks)
11. Describe the conditions necessary for the benefit of a freehold covenant to
pass at common law.
(4 marks)
(Total Marks for Section A: 40 marks)
Turn over
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SECTION B
(There are three scenarios in Section B. Answer the questions relating to
ONE of the scenarios ONLY)
Scenario 1
Hassan recently bought a house with registered freehold title, 1 Oaktree Close,
from Annette. It is one of three houses built on land which had once been part of
the grounds of a very large mansion house, Oaktree Towers. This is still owned
by Lord Kempston, who sold the land for building the three houses.
When selling the land, Lord Kempston wanted to preserve the value of Oaktree
Towers. Therefore in the sale document transferring ownership of 1 Oaktree
Close to Annette, which she signed, the following clause was included:
‘For the benefit and protection of Oaktree Towers, I (Annette) agree to use
1 Oaktree Close as a private residence only.’
Annette told Hassan about the clause but said that it would not affect him as the
agreement was only between herself and Lord Kempston. Hassan was reassured
by this, as he had plans to start a part-time garden design business and to build
a shed in the garden of 1 Oaktree Close to use in the business.
When Hassan had first gone to see the house, he had seen some large paving
stones set into the ground in the garden. He had thought that these would make
a suitable flat base area for the shed. There were some other paving stones
forming a path to the house. However, after moving into the house, Hassan was
surprised to find that all the paving stones had been removed by Annette. She
had said nothing to him about their removal before the sale.
Hassan started advertising his garden design business but then Lord Kempston
found out. He told Hassan that the agreement with Annette was also binding on
all future owners of 1 Oaktree Close and that Hassan must stop his business
activities immediately.
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Scenario 1 Questions
1.
Explain the nature of the agreement between Annette and Lord Kempston
and the conditions which must be present for such an agreement to be
binding on future owners of 1 Oaktree Close.
(7 marks)
2.
Explain whether or not those conditions are present in the scenario.
(5 marks)
3.
Explain in what ways such an agreement could be terminated.
(6 marks)
4.
Explain whether Annette was entitled to remove the paving stones.
(7 marks)
5.
Identify what document was needed to pass the legal ownership of 1
Oaktree Close from Annette to Hassan and explain the legal formalities
required for it.
(5 marks)
(Total Marks for Scenario 1: 30 marks)
Turn over
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Scenario 2
Julia has agreed, subject to contract, to buy a freehold house at 17 The Avenue,
Southbury. The owner, Florence, is 78 and has lived there for many years as it
was her childhood home.
When discussing her purchase with her lawyer, Julia told him that, on first
visiting the property, Florence informed her that the owners of Number 17 had
the legal right to use the driveway of the neighbouring property, 19 The Avenue,
for parking a car. This legal right was apparently granted by deed five years ago
by Paul, the owner of Number 19.
Some weeks into the transaction Julia’s lawyer contacts her to say that:
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
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Florence’s conveyancer has sent him evidence of Florence’s title proving
ownership and the physical extent of the property;
the house has registered title. Julia’s lawyer says this is a good thing because
as a result the transaction is likely to be less complicated. He will ensure that
she obtains the best possible title;
he will also check whether Florence is correct in what she said about the legal
right to use the driveway;
it seems that Florence’s younger brother Harold may have come to live in the
property with Florence some years ago. Julia’s lawyer explains that, as a
result, investigation is needed, before going ahead to a binding purchase, to
find out what, if any, interest in the house Harold may have. There is no
reference to him on the evidence of title Julia’s lawyer has received.
Julia will be buying the house with the assistance of a loan from the Kempston
Building Society, to be secured by a legal charge over Number 17. This is her
first property purchase and she needs advice on her position. (A friend had
recently been unable to keep up payments on a mortgage and this had been
followed by serious consequences.)
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Scenario 2 Questions
1.
Explain why Julia’s lawyer said that her purchase transaction was likely to
be less complicated.
(5 marks)
2.
Explain:
(a) what class of registered title Julia should expect to buy and why;
(3 marks)
(b) what evidence of title Julia’s lawyer has received for Florence and how
he could check from this whether Florence is correct about a legal right
to use the driveway of Number 19.
(3 marks)
(Total: 6 marks)
3.
Explain why it is necessary to check whether Florence’s brother Harold has
any interest in the house before proceeding with the transaction.
(7 marks)
4.
Suppose that, after investigation, it is found that Harold only visits Florence
from time to time, although he does give her some gifts of money to help
with her living expenses and also does work in her garden.
In the light of this information should Julia’s lawyer advise her that it is safe
to proceed with the transaction?
(4 marks)
5.
Explain:
(a) how, following Julia’s purchase, the Kempston Building Society would
ensure that any future buyers of Julia’s house are aware of its loan to
her;
(2 marks)
(b) the advice which should be given to Julia about the circumstances in
which the Kempston Building Society would have the legal right to sell
the property after her purchase.
(6 marks)
(Total: 8 marks)
(Total Marks for Scenario 2: 30 marks)
Turn over
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Scenario 3
George and his wife Kate bought a freehold house together. The house
‘Greensleeves’ was registered in their names as ‘joint tenants in law and equity’.
They bought the house with the assistance of a loan from the Kempston Bank plc
secured by a legal charge on the house.
Kate had an adult son, Marco, from a previous relationship. Marco lived abroad.
George had a daughter, Alisa, aged 11, who lived with his ex-wife but often
stayed with George and Kate.
Soon after buying the house, Kate died. Her valid will left ‘all my property to my
son Marco including my share in Greensleeves’.
George remained in the house. Then he met Laura, an old friend. Laura said she
was unable to pay the rent on her flat and would soon have to leave. She asked
George if, as a temporary measure, she could stay with him. She offered to help
with the household chores and cook some meals, so he agreed. She moved into
Greensleeves on that basis. She did some cleaning in the house and, when Alisa
came to stay, Laura helped to look after her.
George soon saw that Laura was making no effort to find other accommodation.
He meanwhile had become very friendly with a work colleague, Fiona. They
planned to live together at Greensleeves, and George promised Fiona that she
could regard the house as their joint home. George therefore told Laura to leave
immediately and she did so. As a result of George’s promise, Fiona gave up the
tenancy of her small flat (which was convenient and near to her work). She
moved in with George, sharing household expenses and paying towards the
mortgage instalments.
When Laura left she was very angry, saying that she was sure she had a share in
Greensleeves.
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Scenario 3 Questions
1.
Marco has just returned from abroad and has learned for the first time of
the terms of Kate’s will. Explain whether Marco can claim a share in
‘Greensleeves’.
(6 marks)
2.
Fiona has now quarrelled with George and has reluctantly left the house to
stay with relatives. She was told by a friend that she has an interest in
‘Greensleeves’. Explain whether this is correct.
(6 marks)
3.
Laura took legal advice to see whether she could claim an interest in
Greensleeves. Explain what advice she should have been given.
(5 marks)
4.
Whatever the advice given to them, Marco, Fiona and Laura have now all
claimed a share in ‘Greensleeves’ and demanded that George sells the
house. George refuses to do so. He wants to remain there as his home,
especially as Alisa, whose new school is nearby, will soon come to live with
him there.
(a) What statutory power does the court have to hear an application to
compel George to sell and what type of applicant is able to apply?
(4 marks)
(b) What statutory factors would the court consider when deciding on the
application?
(5 marks)
(c) Explain what you would expect the outcome of the application to be.
(4 marks)
(Total: 13 marks)
(Total Marks for Scenario 3: 30 marks)
End of Examination Paper
© 2015 The Chartered Institute of Legal Executives
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