This paper offers an examination of property law principles as they apply in distinct jurisdictions: Northern Ireland, and England and Wales. The first part of the analysis focuses on land law in Northern Ireland, addressing easement rights, the distinction between leases and licenses, and the impl...
LAW LLB – QUEEN’S UNIVERSITY BELFAST
LAND LAW
SAMPLE EXAM
2022-2023
This paper offers an examination of property law principles as they apply in distinct jurisdictions:
Northern Ireland, and England and Wales. The first part of the analysis focuses on land law in Northern
Ireland, addressing easement rights, the distinction between leases and licenses, and the implications
of regional property legislation on real estate transactions. The second part shifts to the legal framework
governing mortgage enforcement in England and Wales. It covers the nature of mortgages as security
interests in land, the rights and remedies available to mortgagees upon default, and the protections
afforded to mortgagors. The discussion includes an exploration of mortgage default, the power of
mortgagees to sell properties, and the relevance of key property and justice legislation. Tailored for law
students, this resource illuminates the nuances of property law in these jurisdictions, emphasizing the
practical application of complex legal principles in various real-life scenarios.
KEY TERMS
• Northern Ireland
• England and Wales
• Easement
• Dominant and Servient Tenement
• Quasi-Easement
• Conveyancing Act 1881
• Contractual Licence
• Exclusive Possession
• Contracts (Rights of Third Parties) Act 1999
• Estoppel
• Nuisance
• Abatement Notice
• Statutory Nuisance
• Mortgage
• Mortgage Default
• Proprietary Interest
• Power of Sale
• Administration of Justice Act 1970
• Law of Property Act 1925
• Undue Influence
• Insolvency Act 1986
• Foreclosure
• Receiver
• Negotiation
EXAM SCENARIO I
Frank owned an estate called ‘The Manor’, which is situated just outside Belfast. Title to the
land is registered. This property comprises a large house with surrounding grounds. In one
corner of the property is situated a derelict cottage and a disused barn. Frank lived in the house
with his wife Laura, his daughter Mary and his son Steve. To the east of ‘The Manor’ is an
adjoining property called ‘The Willows’. This property comprises a small house with an
extensive garden.
, In 2010 Frank decided to buy ‘The Willows’. He thought that the property would be a good
investment for the future. In addition, being the owner of the property would also allow Frank
to have direct access to a main road which runs along the east side of ‘The Willows’. From
2010 onwards Frank regularly used a laneway which runs from ‘The Manor’ across the garden
of ‘The Willows’ to access the main road.
In 2017 Frank’s wife Laura died, and his children both left home. Frank decided that the house
situated on ‘The Manor’ was much too large for him to live in alone, and so he decided to move
to ‘The Willows’ and live in the smaller house situated there. In September 2017 Frank sold
‘The Manor’ to his nephew, Trevor, who immediately moved in along with his wife, Kerry.
Trevor continued to use the laneway across ‘The Willows’ to access the main road.
In 2020, Trevor’s cousin, Stephanie, who had been living in France, decided to move back to
Northern Ireland, and asked Trevor if he knew of anywhere she could live. Trevor immediately
thought of the derelict cottage on ‘The Manor’ and asked his friend Jim, a builder, to carry out
some work on the cottage to make it habitable. Stephanie moved into the cottage in September
2020. Before moving in, she signed a written agreement by which, in return for a four year
occupation of the cottage, she agreed to pay Trevor a lump sum payment of £30,000. The
cottage has two bedrooms and the written agreement also contained a statement to the effect
that Trevor was entitled to introduce an additional occupant into the second bedroom at any
time.
Whilst carrying out the work on the cottage, Jim, who was sharing a house with friends and
looking for his own place, saw the disused barn and asked Trevor about it. Trevor said he
would be happy to rent the barn to Jim, and in October 2020 Jim leased the barn from Trevor
for two years, carried out some renovations and moved in. As there was only limited space
around the barn, Trevor allowed Jim to park his van on the driveway of ‘The Manor’. In
October 2022, Trevor renewed the lease to Jim for another two years.
In March 2023 Trevor acquired four dogs, all of which barked incessantly every night. Frank,
and Jim complained to Trevor about the noise, resulting in Trevor falling out with both of them.
Frank is now refusing to allow Trevor to use the laneway across ‘The Willows’ to access the
main road; and Trevor is refusing to allow Jim to park his van on the driveway of ‘The Manor’.
In addition, Trevor, who is currently experiencing some financial difficulties, has told
Stephanie that he will be selling the cottage at the earliest possible opportunity.
Advise the parties.
ANSWER
This analysis explores the rights and obligations of parties in the dispute involving 'The Manor'
and 'The Willows.' Specifically, it examines the easement rights of Trevor and Frank regarding
the laneway running across 'The Willows,' as well as the rights of Stephanie and Jim at 'The
Manor.' The potential nuisance claims against Trevor are also discussed. This analysis will
determine the enforceability of the rights and obligations in question and the potential remedies
available to the parties. This scenario falls under the laws of Northern Ireland (NI).
ACCESS TO 'THE WILLOWS': THE LANEWAY EASEMENT & FRANK'S AND
TREVOR'S RIGHTS
The four characteristics to assess the laneway running across 'The Willows' as an easement,
were established in Re Ellenborough Park [1956]: (1) there must be a dominant and a servient
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