Land Law - 2024 Paper 2

Jack and Karen purchase a property together for £400,000. Jack contributes £280,000 and Karen contributes £120,000. The property is registered in their joint names but they do not execute a declaration of trust. Their relationship breaks down and Karen moves out. Jack continues to live in the property and pays all mortgage instalments and maintenance costs for three years. Jack argues his beneficial share should be greater than Karen's original 30% contribution because of his subsequent expenditure. Karen applies to the court under TOLATA for an order for sale. Advise the parties on the quantification of their beneficial interests and the court's approach to ordering a sale.

Critically evaluate the current law relating to the creation of leases, with particular reference to the distinction between a lease and a licence. To what extent has the Supreme Court in Street v Mountford and subsequent case law provided clarity in this area?

Laura owns Greenacre, a registered estate. She grants her neighbour Mark a right of way over a path across Greenacre to access the main road. The grant is made by deed but Mark fails to register the easement. Laura subsequently sells Greenacre to Nina, who erects a fence blocking the path. Meanwhile, Oliver, who owns the property on the other side of Greenacre, has used a different path across Greenacre for 25 years to reach a nearby village. Laura never gave permission for this use. Oliver seeks to establish a prescriptive easement. Advise Mark and Oliver on their respective rights.

The law of mortgages must balance the interests of borrowers and lenders. Assess the extent to which the current law achieves a fair balance, with reference to the rights of the mortgagee to take possession, the equity of redemption, and the regulation of unfair mortgage terms.

Peter creates an express trust of his freehold property, Whiteacre, declaring that he holds the property on trust for himself and his three adult children, Queenie, Robert, and Sarah, in equal shares. Peter lives in the property. Robert wishes to sell his share to raise capital for a business. Queenie and Sarah wish to continue living in the property with Peter. Robert applies under TOLATA section 14 for an order for sale. Peter has recently been declared bankrupt, and his trustee in bankruptcy also wishes to realise Peter's share. Advise the parties on the likely outcome of the applications for sale.