Land Law: Assessment

Take-Home Exam

  • online (upload Word doc) 

  • last 48 hours 

  • January 2026 assessment period 

  • word limit: 2,500 words

  • exam resources will be released a week prior (released:30/12/25 9:00am)

  • most of the exam (90%) can be completed in this week (title, mortgage, covenant)

  • trusts and title requires more info

  • full facts released 06/01/26 at 15:00pm

  • open book (lecture slide, screencasts, notes, textbooks)

Land Law Assessment Topics

  • title of land

  • trusts of land (excluding TLATA 1996, ss 14 & 15

  • mortgages (look in charges register) is the interest that is given to the bank as security for their loan , Swiss Bank Corporation

  • convenants

Guidance & Resources

  • w/c 01/12/26 workshop 10 (covenants practice question)

  • 2 examination guidance screencasts (w/c 08/12/25)

  • online drop-in (w/c 29/12/25):

  • Workshop 5: Registered Title [2]

  • Workshop 6:Trusts of Land [1]

  • Workshop 5: Registered Title [2] - Activity 3: Guidance on Answering

  • Workshop 7: Trusts of Land [2] - Activity 2: Guidance on Answering

  • Registered Title Land: Identifying the Interests - Flow Diagram

  • Trusts of Land: Flow Diagram

  • workshop 7 and 11 resources

Exam

  • a single question which involves purchase scenario

  • acting as conveyancing solicitor

  • advise about title to property (registered):

  • the property subject to a trust

  • why a trust has arisen

  • protect beneficiaries interest (only if protected does a purchasor worry)

  • property has current mortgage (what it is, what they can do about it)

  • presence of a covenant and if they are enforceable and what they can do about them

  • edition date —> last tite register was updated

Land Law Exams

  • introduction: essential, identify key parties, identify purpose of advice, overview of main legal issues

  • 2nd Paragraph: discuss ownership of land (reistred/unregistered)

  • 3rd Paragraph: establish whether the property is freehold or leasehold

  • Legal Registration Act 1925 initiated the beginning of the modern registration system

  • unregistered system: origins in common law and equity

Question Details

  • covenants are negative only

Covenants

  • identify if the property has a covenant: look in Charges Register for covenants

  • define what a covenant is (use authoritative definition) —> positive, negative, restrictive, both etc.

  • identify ‘original parties‘ and what type of legal relationship they have (the perties who make the covenant)/

  • main points:

  • common law rules concerning the passing of freehold covenants

  • the equitable rules of passing the burden(s) of freehold covenants

  • when using application, explain why (positive = promise to do something, negative = promise to refrain from doing something)

Land Law Assessment Structure

Introduction

  • identify:

  • key parties (who is the question targeted at?)

  • purpose of advice (address the problem question)

  • outline main legal issues (keep it general)

  • 5-7 lines

Main Body

Legal Title

  • registered or unregistered (is there a register of title?) The presence of a register title proves this is a registered title property…

  • type of estate (freehold, leashold etc. ) e.g. Entry 1 in the Property Register states reveals this is a freehold estate under LPA1925 s1(1)(a)…

  • class/grade of title (absolute) The Propietorship Register refers to this property is held with title absolute under the LRA 2002 s9 (1) and/or (2)

  • current title (identify current owner) Charlotte Sienna Melville, that makes her able to sell under s 23(1)

Mortgages

  • if there is a mortgages it will be shown as ‘registered charge’

  • mortgagor/mortgagee

  • charge by demise, charge by deed

  • LPA s 87 charge by deed - after 2003 only way to mortgage

  • have to be registered via Land Charge under LRA 2002 s 27(2)(f) - done by submitting a CH 1 Form

  • proof of registration of registery in charges registered

  • In Entry 1 in the Charges Register reveals there is a mortgage

  • once regsitered it has legally binding status including thst rich, LRA 2002 s 29(2)

Covenant

  • advise Reba to tell Charlottte (undertaking) to pay for rest of morrtgages

  • following the ademption submit a DS 1

Conclusion

  • “In light of the foregoing advice“

  • things that go in their favour (good titre, undertakings,)

  • things that don’t (and what to do)

if advising a purchasor ask them to visit the property and investigate any 3rd party interests

if a property is purchased and you don’t want someone to keep living there get them to sign a disclaimer in the purchasor’s favour