Download Favour Justice - Land Law - Past Exam and more Exams Land Law in PDF only on Docsity! PRIFYSGOL ABERYSTWYTH UNIVERSITY SUPPLEMENTARY DEGREE EXAMINATIONS 2011 DEPARTMENT OF LAW AND CRIMINOLOGY LAND LAW (LA36130) Time allowed TWO hours Answer THREE questions You must answer ONE question from SECTION A, and ONE question from SECTION B. You should then answer ONE further question from either SECTION A OR SECTION B. Students are permitted to take into the examination unmarked copies of any edition of Blackstones’ Statutes on Property Law Unmarked material which is permitted to be taken into the examination must remain unmarked for the duration of the examination. Highlighting and underlining are permitted. Blank post-it notes can be used to mark pages. You should be aware that the relevance of your answer to the SPECIFIC question asked is something to which the examiners will attach particular importance. No marks will be awarded for:- 1. irrelevant material, or for answers that consist largely of materials available to you during the exam; 2. the use of substantively the same material when answering different questions. If you find that a question, or problem, fails to produce certain facts that would be relevant to your answer, identify clearly the types of additional facts required and explain how different versions of facts might affect the result. Please Turn Over … Section A 1. Explain what is meant by the concept of the estate in land and the ways in which ownership of an estate in land is qualified by the entitlements of others. 2. Should the courts favour justice over certainty in implied trust disputes? 3. “Easements are a bit like elephants: Easy to recognise, but very difficult to define.”[MacKenzie & Phillips] Explain the defining characteristics of an easement. 4. Following the Land Registration Act 2002 all land and associated charges, encumbrances and interests should now be registered and available on the land register. Explain the above statement and whether or not it is true. Section B 5. Rob has been unemployed for 1 month, and has therefore been unable to repay the three loans secured on his house. The house has been valued recently as being worth £250,000. The first loan was issued by The Capital A Bank in September 2000 and is worth £100,000. It is entered on the Charges Section of the Land Register, which also obliges the Capital A Bank to issue further advances to Rob up to a maximum sum of £150,000. The second loan was issued by the Lending Bee Bank in October 2005 and is worth £50,000. It has not been entered on the Land Register. The third loan was issued by the Seven Seas Building Society in November 2008 for £25,000. It has not been entered on the Land Register. In 2009, Rob obtained a further loan from the Capital A Bank which was worth £25,000. The Seven Seas Building Society wishes to recover its loan to Rob. Explain the procedure for doing so, and explain the order in which the mortgage lenders will be repaid. Please turn over…..
