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PGDL Land Law New Exam With 100% Verified Detailed Answers Latest Update
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PGDL Land Law New Exam With 100% Verified DetailedAnswers Latest Update
How can disputes be resolved in regards to land between the trustees and the
beneficiaries?
1. Application to court under section 14 TLATA 1996 by the trustee or beneficiary.
2. The court will take into the account of factors under section 15 TLATA 1996.
What are the tests for ascertaining how the equitable interest is held?
1. Are all the four unities present?
2. Is there an express declaration?
3. Are there words of severance?
4. Is there an implied tenancy in common?
What is the four unity test?
Unity of interest, unity of title, unity of time, unity of possession.
What are the methods of severance?
1. Notice under section 36(2) LPA 1925
2. Alienation
3. Mutual agreement or course of dealings
4. Murder
What are the three requirements of a valid notice under section 36(2) LPA 1925?
1. Notice to be given in writing
,2. Notice to indicate the right intention
3. Notice to be properly served
What are the essential characteristics of tenancy?
1. Duration- The duration has to be certain
2. Exclusive possession
3. Correct formalities
What are the landlord's obligations in respect of the fitness of the property?
1. Keep in repair the structure and exterior of the dwelling house.
2. Keep in repair and proper working order the installation for the supply of water, gas,
electricity and sanitation; and
3. Keep in repair and proper working order the installation for space heating and water
heating
How can lease be alienation?
1. Assignment
2. Sub-lease
3. Mortgage/charge
4. Parting with possession/occupation
What are the types of alienation covenant?
1. Open contract position
2. Absolute covenant
3. Qualified covenant
4. Qualified Covenant.
With regards to a qualified covenant, what are the obligations upon the landlord where
they have received a written application of alienation?
1. To give consent. (unless unreasonable)
, 2. To give written notice of their decision including any conditions; and
3. Where consent is withheld, written reasons for refusal
What is the date to determine whether a leasehold is old or new?
1 January 1996
Under old leases, how can a tenant have the benefit of a covenant?
Provided they 'touch and concern' the land
Under old leases, how can a landlord have the benefit of a covenant?
Provided it has 'reference to the subject matter' (s 141 LPA 1925)
What is the test from P & A Swift Investments v Combined English Stores?
1. The covenants benefit only the reversioner for the time being.
2. The covenant affects the nature, quality, mode of use or value of the land of the
reversioner.
3. The covenant is not expressed to be personal.
4. A covenant relating to rent will not prevent it from touching and concerning the land.
Under new leases, in what ways may a tenant have the benefit of a covenant?
Provided always the covenants are not personal.
Under new leases, how may a landlord have the benefit of a covenant?
Provided the covenants are not personal.
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