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LAND LAW.pdf

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  • November 3, 2023
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Studyabroad
20 January 2021
Level 3
LAND LAW
Subject Code L3-4




THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES

UNIT 4 – LAND LAW*



Time allowed: 1 hour and 30 minutes plus 15 minutes’ reading time


Instructions to Candidates

 You have FIFTEEN minutes to read through this question paper before the start of the
examination.

 It is strongly recommended that you use the reading time to read this question
paper fully. However, you may make notes on this question paper or in your answer
booklet during this time, if you wish.

 This question paper is divided into TWO sections. You must answer ALL the
questions from Section A. There are three scenarios in Section B. You must
answer the questions relating to ONE of the scenarios from Section B ONLY.

 Write in full sentences – a yes or no answer will earn no marks.

 Candidates must comply with the CILEx Examination Regulations.

 Full reasoning must be shown in answers. Statutory authorities, decided cases and
examples should be used where appropriate.


Information for Candidates

 The mark allocation for each question and part-question is given and you are advised
to take this into account in planning your work.

 Write in blue or black ink or ballpoint pen.

 Attention should be paid to clear, neat handwriting and tidy alterations.

 Complete all rough work in your answer booklet. Cross through any work you do not
want marked.




Do not turn over this page until instructed by the Invigilator.




* This unit is a component of the CILEx LEVEL 3 PROFESSIONAL QUALIFICATIONS and LEVEL 3 LEGAL
SERVICES KNOWLEDGE QUALIFICATIONS

Page 1 of 9

, SECTION A

(Answer ALL questions in Section A)


1. Explain, with reference to case law and statute, the limits to the common law
presumption ‘he who owns the land owns everything extending to the
heavens …’.
(5 marks)

2. Explain what is meant by fee simple absolute in possession.
(4 marks)

3. Identify any two legal interests in land under s.1(2) Law of Property Act
1925.
(2 marks)

4. Explain any two of the four unities which apply to joint tenancies.

(4 marks)

5. Identify the requirements for a constructive trust of land.
(4 marks)

6. Identify the factors that the courts must take into account, when ordering the
sale of a property under s.15(1) Trusts of Land and Appointment of Trustees
Act 1996.
(4 marks)

7. Identify one way in which an easement can be extinguished.
(1 mark)

8. Explain whether a covenant is enforceable between the original parties to the
covenant.
(2 marks)

9. Identify:

(a) when the power of sale arises under s.101 Law of Property Act 1925;

(2 marks)

(b) when the power of sale is exercisable under s.103 Law of Property Act
1925.
(3 marks)
(Total: 5 marks)

10. Identify the information found in the property register of a Land Registry title.

(4 marks)




Page 2 of 9

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