Land Law - 2024 Paper 1

The Land Registration Act 2002 was intended to create a complete and accurate register of title to land in England and Wales. Critically evaluate the extent to which the LRA 2002 achieves this objective, with particular reference to overriding interests under Schedule 3 and the doctrine of alteration and indemnity.

Alice and Ben purchase a house together in 2019. The legal title is registered in Alice's name alone, but Ben contributed 40% of the purchase price. They live together as a couple but are not married. In 2023, Alice, without Ben's knowledge, mortgages the property to Citadel Bank to secure a business loan. Alice defaults on the loan and Citadel Bank seeks possession. Ben claims he has a beneficial interest in the property and that this interest is binding on the bank. Advise Ben on whether he has a beneficial interest, the nature of that interest, and whether it is binding on Citadel Bank.

The law of easements has developed in a piecemeal fashion, resulting in a body of rules that is overly complex and in need of reform. Discuss this statement with reference to the creation, nature, and extinguishment of easements, and consider the reforms proposed by the Law Commission.

Diana grants a lease of a shop to Edward for 10 years at a rent of £2,000 per month. The lease contains the following covenants: (i) Edward shall use the premises only as a bookshop; (ii) Edward shall not assign the lease without Diana's consent; (iii) Edward shall keep the premises in good repair. After three years, Edward assigns the lease to Fiona with Diana's consent. Fiona converts the shop into a cafe without seeking permission, fails to maintain the roof which now leaks badly, and has not paid rent for six months. Diana seeks advice on enforcing the covenants against Fiona and on her options for recovering the property.

Graham has occupied a disused barn on Harriet's farmland since 2010. He fenced off the area around the barn, installed a lock on the door, and has used it continuously as a workshop ever since. Harriet was aware of Graham's presence but took no steps to remove him. In 2020, Harriet sold the farm to Ivan, who has now discovered Graham's occupation and wishes to evict him. The land is registered. Advise Graham on whether he has acquired title to the barn through adverse possession under the Land Registration Act 2002.