GDL Land Sample Paper PDF

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GDL Land Law Examination SAMPLE PAPER A Time allowed: 3 hours Candidates must attempt three questions from this seven question paper

FIT TO SIT POLICY – IMPORTANT Under the above policy, any student who attends the assessment is deemed to be “fit to sit” that assessment. This is important. It means that you may not (for example) later submit an application to the Mitigating Circumstances Panel relating to impaired performance in that assessment because of illness, or any other mitigating factor which affected you at the start of the assessment. If you are not “fit to sit”, you should not attempt the assessment.

GDL: LAND LAW

EXAMINATION

Instructions to candidates Student Reference Number Write your student reference number (SRN) on the front cover of every answer booklet / continuation sheet you use. You should NOT write your name anywhere on the answer booklet / continuation sheet.

Questions Answer THREE of the following SEVEN questions. Write in blue or black ink in the answer booklet provided. Start each answer on a new page. Answers written elsewhere, such as on rough paper, will not be marked.

Time You have 3 hours to complete the examination. DO NOT WRITE ON YOUR ROUGH PAPER, QUESTION PAPER OR INSIDE YOUR ANSWER BOOKLET BEFORE THE EXAMINATION HAS STARTED. STOP WRITING IMMEDIATELY UPON BEING INSTRUCTED TO DO SO BY THE INVIGILATOR AT THE END OF THE EXAMINATION. A FAILURE TO COMPLY WITH EITHER OF THESE INSTRUCTIONS MAY CONSTITUTE CHEATING.

Permitted materials The only materials permitted are: 1. Your GDL Statute Book; 2. English Language Dictionary; 3. English/Foreign Language Dictionary. The dictionaries must be in book, not electronic form; law dictionaries and Latin dictionaries are not permitted. THERE MUST BE NO ANNOTATION WITHIN THE PERMITTED MATERIALS. Note: It is your own responsibility to make sure that you have all the permitted materials. Spare materials ARE NOT available. You ARE NOT permitted to share materials with another student.

Assessment information All questions carry equal marks.

DO NOT TURN OVER THE PAGE UNTIL INSTRUCTED TO DO SO

Law School

Page 1 of 8

GDL: LAND LAW

EXAMINATION

Question 1 Sheldon was the owner of two adjoining registered freehold properties, one called ‘Physics House’ and the other, ‘Comic Cottage’. The two properties share a laboratory. Sheldon was a physicist who needed peace and quiet to carry out his difficult work. In March 2011, he sold Comic Cottage to a fellow physicist, Raj. Raj covenanted in the transfer deed with the intention of binding the land known as Comic Cottage: 1)

Not to hold loud parties at Comic Cottage and to maintain the sound-proofing materials currently in place on the walls of Comic Cottage;

2)

To contribute towards the upkeep of the laboratory which is shared between Comic Cottage and Physics House; and

3)

Not to build anything in the grounds of Comic Cottage without the approval of the owner of Physics House.

The transfer deed also stated that the benefit of the covenants had to be assigned in order to pass to successors in title of Physics House. Sheldon’s solicitor did nothing to protect the covenants. In January 2012, Raj decided to move to a bigger house and he gifted Comic Cottage to his nephew, Leonard. An indemnity was included in the transfer deed. In August 2013, Sheldon decided to become the first man to move to the Moon. He therefore sold Physics House to Will and assigned the benefit of the covenants to Will. Will’s solicitor noticed that the covenants were not protected and duly wrote to the Land Registry. He also gave notice of the assignment of the covenants to Leonard. Leonard sold Comic Cottage to Howard in July 2015. They did not bother to use a solicitor for this sale, so no indemnity was included in the transfer deed. Howard and Will do not get on. Howard has started having loud parties at Comic Cottage. He has also failed to maintain the sound-proofing on the walls of Comic Cottage. He has stopped using the shared laboratory and is refusing to pay for its upkeep. He has also built an observatory in the garden of Comic Cottage, without asking Will’s consent. Whilst heading to Comic Cottage to confront Howard about everything, Will found a ring on the public footpath between the properties. The footpath is owned by the local council. Will wants to know if he can keep the ring. Advise the parties.

End of Question 1

Law School

Page 2 of 8

GDL: LAND LAW

EXAMINATION

Question 2 Helen and Greg are married and jointly own the registered freehold of their home, ‘Salon Towers’. In January 2016, Helen and Greg went to see their bank manager at Lordship Bank as Helen needed more money to expand her hairdressing business, which she runs from home. The bank manager agreed that Lordship Bank would lend them £120,000 in return for a first legal mortgage over Salon Towers. The bank manager spoke to Greg separately from Helen about the mortgage, and Greg said he trusted Helen when it came to making financial decisions. Helen and Greg signed the mortgage deed, which was witnessed and dated 16 January 2016. The mortgage was also registered. The repayment mortgage was for a term of 15 years and included the following clauses: 1)

Interest on the loan is payable at 5% above the Bank of England base rate for the first year, increasing to 10% above the Bank of England base rate after the first year. The interest rate will rise by an additional 3% for the remainder of the term of the mortgage if any instalment remains unpaid for more than fourteen days; and

2)

Employees of Lordship Bank will receive half price haircuts for the next ten years.

Almost immediately, Helen and Greg had difficulties in repaying the loan, as Helen injured her wrists and was unable to work in the hairdressing business. Greg is unemployed. They have been unable to repay the loan since March 2016. Helen is confident that she will be able to revive the business as soon as her wrists are better. Lordship Bank has found a potential buyer for Salon Towers and would like to enforce its rights as mortgagee as soon as possible. Advise the parties.

End of Question 2

Law School

Page 3 of 8

GDL: LAND LAW

EXAMINATION

Question 3 Alan owns a registered freehold building which consists of a shop unit on the ground floor and a small studio flat on the first floor. Last year, Alan advertised the shop and flat to let separately in the local newspaper. Bianca responded to the advert. She now runs her shoe shop business from the ground floor shop unit, pursuant to a three-year licence agreement containing the following terms: 1)

The Licensee shall pay the Licensor a monthly licence fee of £1,250;

2)

The Licensor has the right to review the Licensee’s business accounts; and

3)

The Licensor may move the Licensee to different shop premises at any time by serving one month’s written notice on the Licensee.

Flora and Gigi responded to the advert in relation to the studio flat. They had been looking for a place to live together. Alan offered them the choice of a double bed or two single beds. They chose two singles. They signed two separate, but identical, licence deeds at the same time for a term of five years. They are each required to pay a separate ‘licence fee’ of £600 per month. The agreements contain the following terms: 1)

The Licensee must not assign, sublet or charge the studio flat without the Licensor’s prior written consent;

2)

The Licensor will retain a key to enter the studio flat in emergencies to carry out any necessary repairs; and

3)

The Licensor reserves the right to introduce others to share the studio flat with the Licensee.

Flora and Gigi both lost their jobs within two months and so wish to assign their licence deeds to India, who is a musician. Alan is not keen on the idea of having a musician in the studio flat and has refused consent. Alan has recently been in discussions with Henry, who would like to purchase the freehold of the building. Advise Alan.

End of Question 3

Law School

Page 4 of 8

GDL: LAND LAW

EXAMINATION

Question 4 Victor has recently been registered as the new owner of a freehold property known as ‘Newman Farm’. Victor purchased Newman Farm from Jack, the sole legal owner, for £950,000. Victor is a producer on the television soap opera ‘The Wicked & Weary’ and will be filming some of the scenes for the show at Newman Farm. A number of people have come forward claiming rights over Newman Farm. Nikki is Jack’s wife. She was in a car accident and had been in hospital, in a coma, for a year. She was discharged from hospital last week. She claims that she contributed to the purchase price when Jack purchased Newman Farm. Nikki does not have any written evidence to support this. Nikki’s clothes are hanging on a rail, in a room, in the basement. Kyle lives next door to Newman Farm. Yesterday, he spotted the television crew from The Wicked & Weary filming at Newman Farm. He has informed Victor that last year Jack made a promise to use Newman Farm for residential purposes only. Tracey lives in the house next to Kyle, where she operates a horse riding school. She has shown Victor a document which allows her to store some of her equipment in the stables of Newman Farm ‘until one of her riding students wins an Olympic gold medal’. It is a large stable and Tracey’s equipment takes up very little space. Yesterday, Victor went for a walk around Newman Farm and met Ashley. She lives in a self-contained cottage on Newman Farm. Assuming that Nikki was not going to wake up from her coma, Jack began a relationship with Ashley. Ashley was shocked to learn from Victor that Jack had sold Newman Farm. Ashley is unemployed and now pregnant with Jack’s child. She tells Victor that when she moved into the cottage, Jack told her ‘Don’t worry. This is your home forever’. She used some of her savings to install a shower in the cottage. Ashley has nowhere else to live. Advise Victor. How would your answer differ if Newman Farm had been unregistered land?

End of Question 4

Law School

Page 5 of 8

GDL: LAND LAW

EXAMINATION

Question 5 Veronica owns the registered freehold of two separate but adjoining properties: a house and a restaurant. Whilst she has occupied the house since owning the freehold, she has left the restaurant vacant. In front of both properties is a paved area, large enough to park eight cars. Veronica uses it to park her car. A drain, serving both the house and restaurant, runs under the restaurant and connects to the main sewer in the street. Three years ago, Veronica orally agreed to lease the restaurant to her niece, Caroline, for one year. Caroline had just finished a catering course and was keen to start her own restaurant business. The leased property did not include the paved area but it did include the drain that ran under the restaurant. Caroline checked with the local authority and discovered that she would only be allowed to reopen the restaurant if she provided parking for her customers. She made Veronica aware of this and, at the time of agreeing the lease, Veronica also orally agreed that Caroline could use the paved area for customer parking during opening hours. The restaurant is open four days a week during lunchtimes and in the evenings. The restaurant thrived and Caroline asked Veronica for a more permanent rental arrangement. So, at the end of that one year lease, Veronica granted Caroline a legal lease for ten years of the restaurant. This lease again made no mention of the paved area but once more it included the drain. Since the beginning of the first lease, Veronica has been using the drain and Caroline has said nothing, despite paying for the maintenance of its upkeep by herself. Caroline went into hospital to have an operation and whilst she was away, Veronica converted the paved area into a garden. Caroline insists that the paved area be reinstated. She is especially concerned as she has heard a rumour that Veronica is selling the freehold. She has told Veronica that unless the garden is turned back into a paved area she will take steps to block the drain so that it cannot be used by the house. Advise the parties.

End of Question 5

Law School

Page 6 of 8

GDL: LAND LAW

EXAMINATION

Question 6 Matthew, Angelina, Drew, Wesley and Forest were aspiring actors, who decided to buy a house together as a place to live whilst they built up their careers. In January 2014, they bought a large registered freehold townhouse in central London, at a cost of £800,000. Matthew contributed £600,000 to the purchase price, whilst Angelina, Drew, Wesley and Forest each contributed £50,000. The townhouse was transferred to Matthew, Angelina, Drew, Wesley and Forest to be held as beneficial joint tenants. In February 2014, Wesley decided that it would be impossible to find work and that he did not want to be an actor, so he left the townhouse to travel the world. Before leaving, he signed a letter transferring his share in the townhouse to his friend, Ed, without telling the other householders. In March 2014, it became clear that Forest was very unhappy. Forest, Matthew, Angelina and Drew had a long discussion about this, resulting in them all agreeing that Forest would leave the townhouse and return home to his parents. They also agreed that Forest now had a separate financial interest in the townhouse. In April 2014, Forest died. In his will he left all of his estate to Drew, with whom he had secretly been in love. Distraught at the death of Forest, Drew abandoned her acting career in May 2014 in order to devote herself to charity work. Upon leaving the townhouse, she left a letter for Matthew and Angelina which said: ‘I am leaving this superficial life to help those who need me. I will no longer need to live in this townhouse. Please ensure my share is returned to me.’ The letter was picked up by the cleaner, who put it in the bin before it had been opened. In January 2015, Ed arrived at the townhouse and demanded to be allowed to move in. Matthew and Angelina were unhappy about this but felt unable to refuse after he showed them evidence of the sale of Wesley’s share. It transpires that Ed was declared bankrupt in February 2015. Ed’s trustee in bankruptcy is demanding an immediate sale of the townhouse to help pay Ed’s remaining debts. Matthew is distraught about this and is now suffering from depression and refusing to leave the house. Angelina would like to stay in the townhouse having recently secured the lead role in a new movie. Angelina has received a complaint from their neighbour Oscar, who is threatening to take legal action over the size of the satellite dish which is attached to the side of the townhouse and encroaching into his garden. Advise the parties.

End of Question 6

Law School

Page 7 of 8

GDL: LAND LAW

EXAMINATION

Question 7 Davina was the registered proprietor of a shop. In June 1992, she granted Esther a 40year legal lease of the shop. The lease includes the following covenants: 1)

The tenant shall pay the landlord rent of £1,500 per month. This sum may be increased in accordance with the rent review provisions in this lease;

2)

The tenant shall keep the shop in good decorative order;

3)

The tenant shall use the shop as a clothes shop only; and

4)

The tenant shall provide the landlord with one free pair of jeans every month.

The lease did not contain a forfeiture clause. In 2008, Esther legally assigned the lease to Frank. In 2010, in accordance with the rent review provisions, the monthly rent was increased to £2,000. Five months ago, Davina sold the reversion of the shop to Glenn. Frank has not paid any rent for the last six months and the shop is in poor decorative order. Two months ago, Frank converted the property from a clothes shop to a gift shop. He has not provided any jeans to Glenn since the conversion. Advise the parties. How would your answer differ if the lease to Esther had been granted in 1996?

End of Question 7

End of Examination

Law School

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