PgDL & MA Law

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LAND LAW

Online – Answer Booklet

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(Please add word count for the two answers e.g.,
WORD COUNT
3,500)

Instructions to candidates

The contents of this Assessment are confidential. You must not disclose, discuss or
express an opinion on the contents of this Assessment or your answer to it to any
other person, by any means.

In particular, you should note that you may not consult any member of The University
of Law staff nor any other person on any aspect of the content of this Assessment. If
you are in any doubt as to how to interpret any word or phrase in this Assessment
you should decide for yourself which interpretation to adopt.

By submitting this Assessment, you are confirming that you are fit to sit in
accordance with the Assessment Regulations.

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Date: 24 May 2022

Time: 13:30 (UK time)
Time allowed: One hour and 45 minutes
Where questions are sub-divided, candidates should not expect the sub-divisions
necessarily to be of equal weight.

Materials permitted: Unrestricted

Marks: This session comprises 60% of your final module mark. This session is
itself marked out of 60.
The other 40% of your module mark is derived from a separate 45-minute
Single Best Answer Question-style session.

This session is divided into two parts:

 You must answer the question in Part A. This question is based upon the
Advance Documentation you received yesterday and is designed to assess
higher order skills of critical evaluation or critical analysis. This question will be
marked out of 35.

 There are two alternative questions in Part B. Answer one question from Part B
- do not answer both. This question will be marked out of 25.

Advance Documentation:
You received Advance Documentation yesterday. This relates to the question in Part
A. It is designed to allow you to demonstrate higher order skills of critical evaluation
or critical analysis. The Advance Documentation is repeated in Schedule 1.

Assessment Criteria:
With the exception of SBAQ assessments, all assessments on the PgDL and on the
Conversion Component of both MA Law programmes will be marked according to
the Assessment Criteria. These can be found in the Assessments area of the
Handbook module on ELITE. The Assessment Criteria are set out in Schedule 2.

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PART A

Sam Stokes bought 21 Mayfield View (“the Property”) a terraced Victorian residential
house in April 2017. The purchase was financed by a loan from Northern Bank plc,
which was secured by a legal charge.

In January 2018, Sam needed to get some extra income and so entered into a deed
with Martha Mills giving her the right to exclusively occupy the basement of the
Property as a flat for eight years. Martha made an upfront payment of £1,000 and the
rent is £200 per month.

Two months later, Sam entered into a civil partnership with Anton Ashley who moved
into the Property.

In August 2019, Sam decided to convert his loft into another flat so that he could rent
it out. He took out a mortgage by deed with Weston Bank to pay for the building
works.
Following completion of the building works to the loft, Sam entered into a signed
written agreement with Heath Harris in December 2019 (not in the form of a deed). In
return for a payment of £250 per month, Sam allowed Heath exclusive occupation of
the loft flat for a period of three years. Heath remains in occupation.

In 2021, Sam started to experience financial difficulties and took out a further
mortgage with Easy Credit Bank Ltd. The mortgage was made by deed.

A representative of Weston Bank plc has contacted you to say that Sam has not paid
the interest on the Weston Bank plc mortgage for the past four months.

Advise Weston Bank plc as to:

(a) whether it can exercise its power of sale in respect of the Property, and
if so, how it should deal with the sale proceeds; and

(a) if Weston Bank plc can exercise its power of sale, the possible nature of
the third party interests that exist in the Property and whether the rights
would be binding on a buyer from Weston Bank plc.

Total marks for this question: 35 marks.

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PART B

Please answer either Question B1 or Question B2.

Question B1

When describing the register of title to registered land, Gray and Gray in Elements of
Land Law (5th edition, OUP 2009 at page 190) state as follows:
 
“The register provides, in effect, a fairly accurate snap-shot of title at any given
moment. The overall objective [of the Land Registration Act 2002] is that any
prospective purchaser of registered land should always be able to verify, by simple
examination of the register, the exact nature of all interests existing in or over the
land which he or she proposes to buy”.
 
Critically evaluate the above statement and consider whether the Land
Registration Act 2002 has achieved the objective referred to in the statement.

Total marks for this question: 25 marks.

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Question B2

In 2018, four siblings Violet, Wallis, Xavier and Yvette purchased the registered
freehold of a residential property, 22 Sycamore Close, Knutsford (“the Property”) as
their home. They each contributed an equal amount from an inheritance from their
father’s estate. At the time of the purchase, Xavier was 16 years old.

In 2019, Wallis ran into financial difficulties due to a bad investment in the stock
market and mortgaged her interest in the Property to Dartmouth Bank Ltd. Later that
year however, Wallis was able to repay the mortgage.

In 2020, Violet was offered an exciting new job in Edinburgh, and decided to take it.
Accordingly, she took advice and her solicitor sent a letter to all of her siblings
confirming that she wanted the Property sold immediately. The letter was sent by
special delivery. Later that year, Violet died. In her will she left everything to her
cousin Zara who promptly moved into the Property.

In late 2021, Yvette died in a paragliding accident. In her will she left everything to
her boyfriend, Dominic.

Dominic has no interest in living in the Property and is demanding that it is sold.
Wallis agrees as she plans to move to London. Zara and Xavier are both against the
idea of a sale as they both consider the Property to be their home, even though
Xavier is currently away studying at university.

Advise Xavier and Zara:

(a) What is the effect of the events on the legal title and equitable interest in
the Property and how they are now held; and

(b) Whether Dominic and Wallis can insist on selling the Property without
their agreement.

Total marks for this question: 25 marks.

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SCHEDULE 1 – Land Law Session – Part A – Documentation

Official copies on next page

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Title number F385723 Edition date 19.05.2021

Official copy
of register - This official copy shows the entries subsisting on the
register on [today’s date] at 16:16:04.
of title - This date must be quoted as the “search from date” in
any official search application based on this copy.
- The date at the beginning of an entry is the date on
which the entry was made in the register.
- Issued on [today’s date].
- Under s.67 of the Land Registration Act 2002 this
copy is admissible in evidence to the same extent as
the original.
- For information about the register of title see Land
Registry website www.landregistry.gov.uk or Land
Registry Public Guide 1- A guide to the information we
keep and how you can obtain it.
- This title is dealt with by Land Registry, Durham Office

A: Property Register
This register describes the land and the estate comprised in the Title

HALIFAX : NORTH YORKSHIRE

1. (23 April 2017) The Freehold land shown edged with red on the plan of
the above Title filed at the Registry and being 21 Mayfield View, Halifax
HX1 2BH.

B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any
entries that affect the right of disposal.

Title Absolute
1. (23 April 2017) PROPRIETOR: SAM STOKES of 21 Mayfield View, Halifax
HX1 2BH.

2. (23 April 2017) The price stated to have been paid for the Property on 8
April 2017 was £220,000.

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C: Charges Register
This register contains any charges and other matters that affect the land

1. (23 April 2017) REGISTERED CHARGE dated 8 April 2017 to secure the
moneys including the further advances therein mentioned.

2. (23 April 2017) PROPRIETOR: NORTHERN BANK PLC of 4-5 Headingly

Road, Leeds LS1 2EU.

3. (21 August 2019) REGISTERED CHARGE dated 5 August 2019 to

secure the moneys including the further advances therein mentioned.

4. (21 August 2019) PROPRIETOR: WESTON BANK PLC of 62 Grey

Street, Newcastle upon Tyne NE1 6AF.

5. (19 May 2021) REGISTERED CHARGE dated 4 May 2021 to secure the
moneys including the further advances therein mentioned.

6. (19 May 2021) PROPRIETOR: EASY CREDIT BANK LTD of 5 Humber

Dock Street, Hull HU1 1TB.

END OF REGISTER

[Note to candidates: The title plan has not been replicated for the purposes of
this assessment and you do not require to see it for the purposes of this
assessment].

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SCHEDULE 2 - LEVEL 7 ASSESSMENT CRITERIA 

 
Outcome    Marks  Systematic Knowledge and Cognitive skills: logical approach Practical skills:
(Derived from understanding of to problem solving with communicate
Programme legal principles   analysis, critical evaluation and concepts and
Outcomes)   judgement.    principles clearly, in a
  structured and
professional manner.  
Distinction   High 92, Excellent ability to correctly Clear analysis of complex factual Excellent use of
95, 98, identify and apply relevant situations and application of language with clear,
100%   legal principles and policy to established principles and policy in a effective and referenced
Mid 82, 85, very high standard of logical manner. Insightful critical presentation appropriate
88%   accuracy.   evaluation of the law using a wide for intended
Low 72, 75, range of sources.   audience. Coherent
78%   structure.  
Commendation   High 68%  Good identification and Consistent ability to analyse complex Good use of language
application of the relevant legal factual situations and apply with succinct, accurate
Mid 65%   principles.   established principles in a logical and comprehensive
Low 62%   manner. Ability to critically presentation with
evaluate the law using a wide range appropriate use of
of sources.   referencing and a
coherent structure.  
Pass   High 58%  Ability to correctly identify and, Some ability to analyse complex Good use of language
in most instances, apply the factual situations, apply established with the main points
Mid 55%   relevant legal principles.   principles in a logical manner. Ability clearly and effectively
Low 52%   to critically evaluate the law using a expressed with
range of sources.   appropriate use of
referencing and some
coherent structure.  
Marginal fail   High 48%  Only basic recall of key legal Insufficient analysis of legal and/or Poor use of language
principles and unable to factual issues and/or makes a with some points being
Mid 45%   consistently order and analyse significant error in application of unclear and answers
Low 42%   relevant legal principles.    established principles. Insufficient poorly structured.  
critical evaluation of the law.  
Clear Fail   0-38%  Inadequate knowledge of Some or all of: Inadequate or Inadequate use of
relevant legal principles and/or inaccurate analysis of legal and language with
fundamental errors.    factual issues; application of the law unstructured answers.  
in a contradictory way; failure to
propose solutions; little or no critical
evaluation of the law.  
 
 
 

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