Oxford BA: Estates & Registration Exam Paper

In 2018, Albert purchased Blackacre, registered with absolute title at HM Land Registry. The transfer deed contained a covenant restricting use to residential purposes only. In 2020, Albert granted a 21-year lease to Bella, who registered it as a noted interest. Bella immediately sub-let the property to Charlie for commercial use. In 2021, Albert sold the freehold to Diana, who was unaware of Charlie's commercial activities. Diana's solicitor failed to investigate the sub-lease arrangements. Diana has now discovered Charlie's breach of the restrictive covenant and seeks to evict both Bella and Charlie. Meanwhile, Charlie claims he has acquired rights through proprietary estoppel, having spent £50,000 on commercial improvements after Albert assured him the restriction would not be enforced. Bella argues her lease takes priority over the covenant. Advise Diana on her prospects of success in removing Bella and Charlie, considering the principles of registered land and the protection of interests.

Critically evaluate whether the Land Registration Act 2002's approach to overriding interests achieves an appropriate balance between certainty for purchasers and protection for those with informal rights in land.

Greenacre is registered with absolute title in the name of Edward. In 2019, Edward granted a 25-year lease to Flora, who failed to register it. Flora immediately went into actual occupation and began running a café. In 2020, Edward granted a legal mortgage to Guarantee Bank, which was duly registered. The bank conducted a physical inspection but Flora told them she was Edward's licensee with no long-term rights. In 2021, Edward created an express trust declaring that he held a half-share for his daughter Grace, but did not register any restriction. Grace was unaware of the trust and continued living abroad. In 2022, Edward defaulted on the mortgage and Guarantee Bank now seeks possession. Flora claims her lease has priority over the mortgage and that she has acquired further rights through adverse possession of an adjoining plot. Grace, having learned of the trust, argues the bank cannot obtain possession of her beneficial interest. The adjoining plot is owned by Henry, who has been abroad for five years and unaware of Flora's occupation. Advise Guarantee Bank on the strength of Flora's and Grace's claims against their security.

To what extent has the Land Registration Act 2002 succeeded in simplifying the law relating to co-ownership of land? Consider both the Act's treatment of trusts of land and its impact on beneficial interests behind trusts.