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Report Thread starter 5 years ago
I'm currently going through some revision questions and I'm struggling to find the answers for following questions:
  1. Why may an equitable interest in land come into existence, even if the correct formalities necessary to create a legal interest in land are not complied with?
  2. What is necessary for an overriding interest by virtue of actual occupation to exist under the LRA 2002. Cite case law to back up your answer.
  3. Why are formalities required in relation to land?
  4. How does a contractual licence differ from a lease?
  5. How may the burden of a restrictive covenant pass in equity?
  6. Identify three different ways in which an easement may be implied into a transaction.
  7. Why is the case of Re Ellenborough Park significant in the area of easements?
  8. Why does a trust of land always arise when there is co-ownership of land?

I would really appreciate it if someone could possibly give me a hand. Land law is so confusing :confused:. Just can't seem to get my head around it.
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Report 5 years ago
This is just my attempt on the questions.
1. Equity sees that as done what ought to be done?
2. This should be rather straightforward. It should be in the textbooks.
3. To promote certainty?
4. Didn't learn about this sorry.
5. Burden may pass in equity if the four conditions developed in Tulk v Moxhay are satisfied. Firstly, the covenant must be negative in nature. Secondly, the covenant must accommodate the dominant land. Thirdly, the original parties must have intended for the burden to pass with the servient land and finally, the purchaser of the servient land must have had notice of the covenant.
6. Implied out of common intention, implied out of necessity, Wheeldon v Burrows, s62 LPA 1925.
7. Re Ellenborough Park sets out the essential characteristics of an easement. (1) There must be a dominant and a servient tenement. (2) easement must accommodate the DT (3) DT and ST must be different persons (4) the right over land must be capable of forming the subject-matter of a grant
8. Because they may hold the interest of the house in different amount of shares?

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