LSE: Property Law Paper

Arabella owns Greenacre, a registered freehold estate. In 2018, she granted a ten-year lease to Boris over the west wing of the property. Boris, without Arabella's knowledge, erected a fence enclosing a strip of land belonging to neighbouring Whitefields, owned by Clive. Boris occupied that strip openly and without interruption from March 2018. In 2021, Arabella sold and transferred Greenacre to Delia, who completed registration. In 2023, Clive discovers the fence and brings an action for possession of the strip. Advise all parties as to their property law rights, paying particular attention to the doctrines of adverse possession and the rules governing leasehold and freehold estates under the Land Registration Act 2002.

Harriet owns Elmwood, a registered freehold house with a large garden. In 2010, she granted to her neighbour Ivan 'a right to use the footpath across my garden for all purposes connected with his enjoyment of Ivywood next door' by deed. The deed was not registered. In 2015, Harriet sold Elmwood to Julia, who completed registration. Julia has now erected a locked gate across the footpath and refuses Ivan access. Ivan also claims that, since 1995, he has been taking apples from an apple tree in Harriet's garden and wishes to know whether this confers any right. Additionally, Harriet had verbally agreed that Ivan could park one car on Elmwood's drive. Advise Ivan as to the nature, validity, and enforceability of each of his claimed rights against Julia.

Orchard House is a registered freehold property. In 2005, Percy and Queenie purchased it jointly. The transfer deed was silent on the beneficial shares. Percy contributed 70% of the purchase price; Queenie contributed 30%. In 2010, Percy moved out following a relationship breakdown. From 2010–2023, Queenie alone paid the mortgage and carried out substantial home improvements costing £40,000. In 2022, Percy, without Queenie's knowledge, mortgaged his share of the property to Rosie Bank plc, which duly registered the charge. Percy has now defaulted and Rosie Bank seeks possession. Queenie argues that (a) the mortgage is invalid, (b) she has an enlarged beneficial share, and (c) the bank cannot exercise its power of sale without a court order. Advise the parties.

Critically evaluate the extent to which the doctrine of proprietary estoppel provides an adequate and coherent mechanism for protecting informal property rights in English land law, with particular reference to the judiciary's approach to satisfying the equity and the proportionality between detriment and remedy.

To what extent does the Land Registration Act 2002 succeed in its ambition to create a system of 'title by registration' rather than 'registration of title', and how effectively does the regime of overriding interests undermine or support this goal?