Concentrate Questions and Answers Land Law
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Published By Oxford University Press

9780198853206, 9780191887765

Author(s):  
Rosalind Malcolm

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter looks at easements and profits considering in particular: types of easement (eg express and implied easements); the nature of an easement; the creation of easements; and other rights, such as profits à prendre. The question of whether the categories of easement can be extended is a popular debate, and the quotation ‘the categories of easements are not frozen’reflects this. Modern useages may be highly relevant in the determination of this legal question.


Author(s):  
Rosalind Malcolm

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter examines how to decide whether the circumstances of the case give rise to a constructive or resulting trust, a contractual licence, or to the doctrine of proprietary estoppel, and the remedies satisfying a proprietary estoppel. The question of the role of unconscionability in the doctrine of proprietary estoppel remains topical, and the issue of proportionality between detriment and remedy, now a key concern of the courts, is examined.


Author(s):  
Rosalind Malcolm

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents issues related to adverse possession in both registered and unregistered land and also considers the implications for squatters’ rights of the European Convention on Human Rights.


Author(s):  
Rosalind Malcolm

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter considers freehold covenants and includes the running of the burden and benefit of freehold covenants; the rule in Tulk v Moxhay (1848); the assignment and annexation of freehold covenants; and the juridical basis underlying building schemes. The debate about whether annexation has caused much unnecessary difficulty and whether it would have been simpler if equity had simply followed the law and treated the benefit as being annexed to the land is examined.


Author(s):  
Rosalind Malcolm

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about the law relating to leases and licences and leasehold agreements. This is an area of law which has been the source of much litigation and the debate on the fundamental distinction between a lease (an interest in land) and a licence (a personal right) remains important (despite changes on the statutory protection of leases) in determining whether rights granted to an occupier bind a third party.


Author(s):  
Rosalind Malcolm

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter examines trusts of land, and at the fact that these have been simplified and made more coherent by the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996); and includes applications for sale of land held under a trust for sale under the TLATA 1996; and rights of beneficiaries, who may sometimes be given additional powers under TLATA 1996 or may have certain TLATA powers restricted.


Author(s):  
Rosalind Malcolm

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents questions on registered land under the Land Registration Act (LRA) 2002 and deal with all aspects of registrable interests and two categories of interest which are not registrable substantively, which include minor (registrable interests that can be protected by the entry of a notice on the register), and overriding interests (a list of which is contained in Schedule 3, LRA 2002), alongside the mirror principle.


Author(s):  
Rosalind Malcolm

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. This chapter gives students advice on the skills for success in land law exams. It includes tips on what to do during the module, how to tackle the revision period, and tips for the exam room, as well as advice on the structure and approach to problem questions. It gives advice which starts from the moment the module begins advising on the best way to approach learning and understanding land law and suggests how to get the best out of your lectures and tutorials or seminars.


Author(s):  
Rosalind Malcolm

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This chapter gives advice on skills for success in coursework assessments: how to write well, how to plan coursework assignments, how to take notes, how to research and use the databases, how to reference in footnotes and bibliographies, which will all allow you to make your argument as forcibly as you can. As an example of an approach it presents an analysis of a challenging question on the Commons Act 2006, referring to recent cases.


Author(s):  
Rosalind Malcolm

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about the law of mortgages. The questions deal with issues such as their creation; clogs on the equity of redemption; the remedies of a mortgagee and protection of the mortgagor; and undue influence. Remedies of a mortgagee where the mortgagor defaults is an area of the law where, over recent years, the courts have had to consider entirely new social circumstances in relation to ‘negative equity’ and mortgage debt.


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