Durham BA: Land Law Paper

Alistair owns Greenacre, a registered freehold estate. In 2015, he granted a ten-year lease to Beatrice, which was duly registered. In 2018, Beatrice informally granted a sublease to Colin for 'as long as he needs it'. In 2020, Alistair sold Greenacre to Diana, who completed registration. Diana now wishes to recover possession from Colin, arguing she is not bound by any interest he may hold. Advise the parties, considering whether Colin has any enforceable interest, the effect of registration on Diana, and any remedies available. [25 marks]

Edward and Fiona are registered co-owners of Hillside House, held on a joint tenancy in equity. Edward secretly executes a written declaration severing the joint tenancy and posts it to Fiona, but it is lost in the post and never received. Edward then borrows £200,000 from Greenbank plc, charging his 'share' of Hillside House without Fiona's knowledge. Edward dies intestate shortly thereafter. Advise Fiona and Greenbank plc as to the effect of the purported severance, the validity of the charge, and the rights of Edward's estate. [25 marks]

Greta owns Meadowfield. In 1990, she granted her neighbour Hugo a right of way across Meadowfield 'for all purposes connected with the use and enjoyment of Oaklands'. In 2005, Greta sold Meadowfield to Ingrid, who was registered as proprietor. In 2022, Hugo sold Oaklands to Jasper, who now operates a commercial holiday let business and uses the track daily with heavy vehicles. Ingrid seeks to challenge the easement. Advise Ingrid on (a) whether the easement was validly created and passed to Jasper, (b) whether Jasper's use exceeds the scope of the easement, and (c) any remedies available to Ingrid. [25 marks]

Critically evaluate the extent to which the law of proprietary estoppel provides adequate protection to claimants who have relied on informal assurances about land. In your answer, consider the development of the doctrine, the tensions between expectation and detriment-based remedies, and whether the current approach produces just and consistent outcomes. [25 marks]

To what extent does the Land Registration Act 2002 succeed in its aim of making the register a 'complete and accurate reflection of the state of the title to land'? In your answer, consider the continued existence of overriding interests, the role of actual occupation, and whether the Act adequately balances the interests of purchasers and occupiers. [25 marks]