Land Law - Practice Paper 2

David owns a freehold property with a large garden. He verbally agrees to allow his friend Emma to park her car on his driveway whenever she visits. He also grants his neighbour Frank, by deed, a right to run water pipes under David's garden to connect to the mains supply. Frank registers a notice protecting this easement. David later grants his tenant Grace a 5-year lease of the house, and in the lease grants her an exclusive right to use the garden shed. David sells the freehold to Henry. Advise Emma, Frank, and Grace on whether their respective rights bind Henry.

Proprietary estoppel has evolved into a flexible and powerful doctrine but its very flexibility creates uncertainty. Critically evaluate this statement with reference to the requirements for establishing an estoppel and the range of remedies available to the court.

Irene holds a monthly periodic tenancy of a flat from her landlord James. The tenancy agreement contains a covenant not to keep pets. Irene acquires two cats in breach of this covenant. James serves a notice to quit giving one month's notice. He also serves a section 146 notice in respect of the pet covenant breach. Before the notice period expires, James changes the locks while Irene is at work and removes her belongings to the street. Advise Irene on her legal position and any remedies available to her.

The law relating to covenants affecting freehold land is in urgent need of reform. Discuss with reference to the distinction between the enforcement of positive and restrictive covenants, the requirements for the running of the benefit and burden, and the Law Commission's proposals.

Kevin grants a 25-year lease of commercial premises to Lisa at a rent of £3,000 per month. The lease contains a fully qualified covenant against alienation and a repairing covenant. Lisa seeks Kevin's consent to assign the lease to Mike. Kevin refuses consent on the ground that Mike has a poor credit rating. Lisa assigns to Mike anyway. Mike sublets part of the premises to Nadia, who causes structural damage through her building works. Kevin discovers the unauthorised assignment and subletting. Advise Kevin on his options regarding the breach of the alienation covenant, the structural damage, and the unauthorised subletting.