CILEX Land Law - Paper 3

Under the Land Registration Act 2002 Schedule 3 paragraph 2, an interest of a person in actual occupation will NOT override a registered disposition if: A) The person is in actual occupation at the time of disposition B) The person's occupation would have been obvious on a reasonably careful inspection C) The person failed to disclose their interest when they could reasonably have been expected to do so upon enquiry D) The interest is a legal easement

The burden of a positive covenant in freehold land: A) Runs with the land under the rule in Tulk v Moxhay B) Does not run with the land at common law or in equity C) Is always enforceable against successors D) Can be registered as a land charge

A proprietary estoppel claim requires the claimant to show: A) A written contract for the sale of land B) An assurance, reliance, and detriment C) Registration of their interest at the Land Registry D) Payment of consideration

Under section 62 of the Law of Property Act 1925, a conveyance of land will pass: A) Only the physical land itself B) All liberties, privileges, easements, rights, and advantages appertaining to the land C) Only rights expressly mentioned in the transfer D) Rights that have been registered separately

Critically evaluate the law relating to the enforceability of freehold covenants against successors in title. Discuss the rules for the running of the benefit and burden at common law and in equity, and assess whether the current law is in need of reform.

Discuss the circumstances in which a mortgage may be set aside or terms varied on the grounds of undue influence. Explain the relationship between the mortgagor, the person exercising influence, and the lender, with reference to Royal Bank of Scotland v Etridge (No 2) and Barclays Bank v O'Brien.

Analyse the law relating to implied easements on a grant of part of land. Discuss the rule in Wheeldon v Burrows, the operation of section 62 of the Law of Property Act 1925, and easements of necessity. How do these methods of implied grant interact and what are their respective requirements?

Evaluate the operation of the Trusts of Land and Appointment of Trustees Act 1996 in resolving disputes between co-owners of land. Discuss the court's powers under section 14, the factors in section 15, and the impact of the trustee in bankruptcy's application under the Insolvency Act 1986 s335A.