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LAND LAW2.pdf

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Judgement study book Land Law of Ben Mcfarlane, Nicholas Hopkins - ISBN: 9780198735328, Edition: 1, Year of publication: - (LAND LAW)

Institution
Course

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16 June 2021
Level 3
LAND LAW
Subject Code L3-4




THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES

UNIT 4 – LAND LAW*



Time allowed: 1 hour and 30 minutes plus 15 minutes’ reading time


Instructions to Candidates

 You have FIFTEEN minutes to read through this question paper before the start of
the examination.

 It is strongly recommended that you use the reading time to read this
question paper fully. However, you may make notes on this question paper or in
your answer booklet during this time, if you wish.

 This question paper is divided into TWO sections. You must answer ALL the
questions from Section A. There are three scenarios in Section B. You must
answer the questions relating to ONE of the scenarios from Section B ONLY.

 Write in full sentences – a yes or no answer will earn no marks.

 Candidates must comply with the CILEx Examination Regulations.

 Full reasoning must be shown in answers. Statutory authorities, decided cases and
examples should be used where appropriate.


Information for Candidates

 The mark allocation for each question and part-question is given and you are advised
to take this into account in planning your work.

 Write in blue or black ink or ballpoint pen.

 Attention should be paid to clear, neat handwriting and tidy alterations.

 Complete all rough work in your answer booklet. Cross through any work you do not
want marked.




Do not turn over this page until instructed by the Invigilator.




* This unit is a component of the CILEx LEVEL 3 PROFESSIONAL QUALIFICATIONS and LEVEL 3 LEGAL
SERVICES KNOWLEDGE QUALIFICATIONS

Page 1 of 9

, SECTION A

(Answer ALL questions in Section A)

1. (a) Describe the differences between a fixture and a fitting.
(2 marks)

(b) Explain how the purpose of attachment test is used in deciding
whether an object is a fixture or a fitting, with reference to case law.

(3 marks)
(Total: 5 marks)

2. Explain what is meant by ‘term of years absolute’.
(4 marks)

3. Give one example of an incorporeal hereditament.
(1 mark)

4. Identify the requirements of a valid deed under s.1 Law of Property
(Miscellaneous Provisions) Act 1989.
(4 marks)

5. Explain two of the four unities of a joint tenancy.
(4 marks)

6. Identify any two ways for co-ownership of land to end.
(2 marks)

7. Explain when an easement may be acquired by necessity, with reference to
case law.
(3 marks)

8. (a) Identify which body would hear an application to discharge a restrictive
covenant.
(1 mark)

(b) Identify one ground on which an application could be made to this
body to discharge a restrictive covenant.
(2 marks)
(Total: 3 marks)

9. Identify the main features of an endowment mortgage.
(5 marks)

10. Identify any two duties of a mortgagee on the sale of a property that has
been repossessed.
(2 marks)

11. (a) Identify one class of title other than freehold absolute title.
(1 mark)

(b) Identify the interests that will bind the purchaser of a property with
freehold absolute title.
(2 marks)
(Total: 3 marks)

Page 2 of 9

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Written in
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Type
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