Land Law - Practice Paper 1

Tom and Uma purchase a cottage together as joint tenants in law and equity. Tom contributes 60% of the purchase price and Uma contributes 40%. Five years later, Tom writes a letter to Uma stating: "I wish to sever our joint tenancy so that we each hold our own separate share." Uma does not respond to the letter. Tom subsequently dies in an accident, and his will leaves all his property to his sister Vicky. Uma claims the entire property by survivorship. Vicky claims Tom successfully severed the joint tenancy before death. Advise Uma and Vicky on the ownership of the cottage.

The Trusts of Land and Appointment of Trustees Act 1996 replaced the old trust for sale with the trust of land. Critically assess the extent to which TOLATA has simplified and improved the law relating to co-ownership of land.

Wendy owns a large house which she divides into three flats. She grants a 99-year lease of Flat 1 to Xavier, a 99-year lease of Flat 2 to Yasmin, and retains Flat 3 for herself. Xavier's lease contains a covenant not to use the flat for business purposes and a covenant to contribute to the maintenance of common areas. Yasmin's lease contains identical covenants. Xavier assigns his lease to Zara, who begins running a dog-grooming business from the flat and refuses to pay maintenance contributions. Wendy also discovers that the common areas are in serious disrepair. Advise Wendy on enforcing the covenants against Zara and her options regarding the disrepair.

Discuss the distinction between legal and equitable interests in land and assess its continuing significance in the context of the Land Registration Act 2002. Is the distinction still meaningful in a system of registered title?

Adam owns Blueacre, a registered freehold property. He agrees to sell an access strip along the boundary to his neighbour Beth for £5,000. They shake hands on the deal and Beth pays the money, but no deed is executed and no transfer is registered. Beth constructs a driveway on the strip and has used it exclusively for eight years. Adam now wishes to sell Blueacre to Charles and denies that Beth has any rights over the access strip. Advise Beth on whether she has acquired any interest in the access strip and whether that interest would bind Charles.