CILEX Land Law - Paper 2

A restrictive covenant is enforceable against a successor in title of the covenantor if: A) It was made by deed only B) It touches and concerns the land and the successor had notice (unregistered) or it was protected by notice (registered) C) The original covenantor agrees to its transfer D) It was created within the last 12 years

An equitable lease arises where: A) The lease was created orally for 5 years B) There is a specifically enforceable agreement for a lease that does not comply with legal formalities C) The tenant pays rent without any agreement D) The landlord promises to grant a lease in the future

The four unities required for a joint tenancy are: A) Possession, interest, title, and time B) Possession, purpose, profit, and time C) Interest, intention, title, and transfer D) Possession, value, interest, and registration

Adverse possession of registered land under the Land Registration Act 2002 requires the squatter to apply for registration after: A) 12 years B) 10 years C) 15 years D) 6 years

Explain the concept of overreaching in land law. Discuss how overreaching protects a purchaser of land from beneficial interests under a trust, the requirements for overreaching to occur, and the consequences for the beneficiary whose interest is overreached. Support your answer with relevant authorities.

Discuss the requirements for a valid deed under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989. Explain why deeds are required for certain transactions in land law and the consequences of failing to execute a valid deed.

Explain the distinction between a licence and a lease in land law. Why is this distinction important? Discuss the key factors courts consider when determining whether an arrangement is a lease or a licence, with reference to Street v Mountford and subsequent authorities.

Discuss the equitable doctrine of resulting and constructive trusts in the context of the family home. Explain how a person who is not the legal owner may acquire a beneficial interest in the property, with reference to Stack v Dowden and Jones v Kernott.