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Land Law UK Exam With Correct Answers 100% Verified
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Land Law UK Exam With Correct Answers 100% VerifiedTechbild Ltd v Chamberlain (1969) 20 P8.CR 633, CA - ANSWER Acts relied upon by
claimants to establish physical possession of land were tethering and exercising their
horses on the land and allowing their children to play on the land. Mere temporary and
trivial acts of trespass are insufficient to constitute factual possession of the land.
Settlor: - TRUST INSTRUMENT Details beneficial interests under the settlement;
appoints persons to acts as trustees of the settlement; may expand powers under SLA
1925 conferred upon the person vested with legal title of the settled estate.
Constructive trusts - ANSWER arise by express or inferred common intention
Appointment of trustees: - ANSWER Trustees can be appointed by: person named in
deed; current trustees; where the last surviving trustee dies, his personal
representatives; the court
Removal of trustees - ANSWER Removal: retirement with a replacement and 2 others
remaining; unanimous choice of sui juris beneficiaries.
Trustee powers: - ANSWER buy, sell, lease, mortgage, grant options, easements etc.;
exclude or restrict the rights of one or more of the beneficiaries to occupy the trust land;
delegate their trustee functions to sui juris beneficiary; transfer trust land to sui juris
beneficiaries.
Trustee power curtailment: - ANSWER not ultra vires; within trust provisions; not against
statute/court direction; So far as practicable, and in the absence of express contrary
intention, trustees must consult sui juris beneficiaries when exercising their powers.
Where dispute between the beneficiaries exists, give effect to the wishes of the majority
in value so far as is consistent with the general interests of the trust.
Protection for a purchaser of trust land: - ANSWER Unregistered land - Even where
,trustees exceed their powers to sell, a purchaser of unregistered land will still take that
land free from any beneficial interests existing under the trust provided: he satisfied the
requirements of overreaching; and had no actual notice that the disposition to him was
in breach of trust. Section 16 TLATA 1996 does not apply to registered land.
Lloyds Bank pic v Rosset [1991] 1 AC 107 - ANSWER A wife made substantial
contributions to renovating the family home, legal title to which was held solely by her
husband. The House of Lords refused to hold that a constructive trust had come into
being by reason of her work on the property. Where no express agreement,
arrangement, or understanding exists between the parties regarding the sharing of
property beneficially and upon which a party relies to his detriment, constructive trust
may come into play if such common intention could be inferred from the conduct or
mutual dealings between parties. Such conduct, however, must amount to a direct
contribution to the purchase of the property.
Stack v Dowden [2007] 2 AC 432 - ANSWER An unmarried couple, having lived together
for 18 years, bought a house to live in with their four children. The lady contributed more
than 50% of the purchase monies, with legal title being registered in their joint names.
No declaration of trust was made indicating how the beneficial interest should be held.
Where the relationship breaks down, the House of Lords confirmed that, where there is
a joint tenancy at law there is a presumption of a beneficial joint tenancy, ie the parties
each have an equal share. However, considering all the dealings between the parties in
this case, including the fact that they had always kept their financial dealings separate,
the lady was held to have more than a 50% share in the house. The quantum of a
beneficial interest under a constructive trust should be worked out by reference to the
whole course of dealing between the parties and not just by reference to the actual
financial contributions.
Co-ownership titles: - ANSWER Legal title can only be held as a joint tenancy, by a
maximum of four people. Equitable title can be held as a joint tenancy or a tenancy in
common by an unlimited number of people.
Joint tenancy in equity but not at law:- ANSWER cannot be severed to create a tenancy
in common. Means of severance are provided for in s 36 Law of Property Act 1925,
which section itself confirms means of severance identified in Williams v Hensman
(1861).
Joint tenancy v Tenancy in common: - ANSWER single legal entity v distinct individuals;
, 4 unities(possession, interest, title, time AG Securities v Vaughan [1990]) v just
possession; TICs can sell or mortgage a share; Death extinguishes JT entitlement, TIC
share may be bequeathed.
Severance: - ANSWER It is not possible to sever the joint tenancy at law: s 36(2) LPA
1925. It is, however, possible to sever a joint tenancy in equity to create a tenancy in
common. Usually because a tenant in common can bequeath a share. Modes of
severance: written notice; act operating on your own share; mutual agreement or
conduct; homicide. (All recognised as effective modes in Williams v Hensman 1861.)
Cannot sever by will only in tenant's lifetime Re Caines 1978. (Severance may be
possible by execution of mutual wills: see below.)
Applications for sale by co-owners in dispute - ANSWER Post TLATA - under trusts of
land. Court considers: intention of settlor; purpose for which the property subject to the
trust is held; welfare of any minors who occupy the property; interests of secured
creditors or beneficiaries. A court can: order, refuse or postpone a sale, require rent.
Exceptional circumstances usually involve hardship due to disability.
Termination of co-ownership of land - ANS Partition; Union in sole ownership;
Conveyance to a single purchaser
Burgess v Rawnsley [1975] Ch 429 - ANS Oral negotiations between co-owners for one
to buy the other out, where an agreement had been reached as to the price to be paid,
although later revoked with a higher price being demanded, was held effective
severance. The agreement between the parties, although later revoked, initially
demonstrated a common intention to have separate shares in the property and that the
right of survivorship should no longer operate between them. Where the severance is by
mutual agreement, the agreement need not be in the form of a specifically enforceable
contract. Any agreement must convey an intention to preclude the future operation of
the right of survivorship.
Harris v Goddard [1983] 1 WLR 1203 - ANSWER A divorce petition merely requesting for
such orders to be made in respect of the matrimonial home as may be considered just,
did not amount to effective written notice. There was not enough immediacy because
the request concerned court orders that may be issued in the future and not enough
intention to sever because any court order that might be issued in the future may not
have included any severance. Written notice must convey an irrevocable and
unequivocal intention to sever immediately, whether express or implied.
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