GDL Land Law - Paper 1

Critically evaluate the system of land registration under the Land Registration Act 2002. Consider the objectives of the Act, the role of the register as a mirror, curtain, and insurance mechanism, and the tension between the registered title holder's rights and overriding interests under Schedule 3. Assess whether the 2002 Act has achieved its aim of creating a comprehensive register and discuss the continuing problem of overriding interests.

Anna and Ben purchase a house as joint tenants at law and in equity. They are unmarried. Anna contributes 70% of the purchase price and Ben contributes 30%. After five years, the relationship breaks down. Anna wants to sell the house; Ben refuses, claiming a beneficial interest proportionate to his financial contribution. Anna then secretly mortgages her 'share' to CityBank without Ben's knowledge. Ben discovers the mortgage and claims it does not bind him. Meanwhile, Anna's brother, Carlos, has been living in the spare room for two years, claiming he was promised a right to stay permanently. Advise all parties on their respective property rights.

Critically evaluate the requirements for the creation and enforcement of easements in English land law. Discuss the essential characteristics from Re Ellenborough Park (1956), the distinction between legal and equitable easements, the methods of creation including express grant, implied grant under Wheeldon v Burrows and s.62 LPA 1925, and prescription. Assess the impact of the Land Registration Act 2002 on the enforceability of easements.

David owns a freehold house with a large garden. He sells part of the garden to Elise, retaining a right of way over Elise's land to access the rear of his property. The right of way is included in the transfer deed. Elise builds a fence blocking the right of way. David also discovers that his neighbour, Frank, has been using a path across David's land to reach the local shops for the past 25 years. Frank claims a prescriptive easement. Meanwhile, David grants a lease of his house to Gita for 5 years. The lease does not mention parking, but Gita has been parking on David's driveway since the lease began, with David's knowledge. Advise David on the enforceability of his right of way, Frank's prescriptive claim, and Gita's parking rights.

Evaluate the law on leases in English land law. Consider the essential requirements from Street v Mountford (1985), the distinction between a lease and a licence, and the significance of exclusive possession. Discuss the impact of sham agreements following Antoniades v Villiers (1990) and Bankway Properties v Pensfold-Dunsford (2001). Assess whether the current law adequately protects tenants while respecting freedom of contract.