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Not any more in its own right would have to over ride under Sch 3 para 2 so occupation required.

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Do we need to know the procedure on how to claim adverse possession if land is unregistered. I'm sure I remember being told that unregistered wasn't needed for the exam?

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not need to learn???

The Lecture on Freehold Covenants delivered by Rob as the last substantive topic. Attendance at last weeks drop in workshop, particularly the Friday session was also strongly recommended, as this would  provided you an opportunity to check your understanding.

3rd requirement for overriding interest
3rd requirement for overriding interest
On lecture slides it states the third legal requirement for overriding interest is an informally created legal easement. 

However on the workshop revision it says it a easement which is either a legal easement by prescription or a implied legal easement. There isn't must explanatory information on either though so I'm confused 


Care needs to be taken with terminology - I think you are refe

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With the email saying the question is registered land overriding interests.
Do we need to know registered land in depth or just the basic concept of what registered land Is?
You need to understand the basic concept of registered land but as previously announced the focus of the question is on overriding interests.

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what is the correct powerpoint we need to refer to? also is there anything we do not need to learn???

The Lecture on Freehold Covenants delivered by Rob as the last substantive topic. Attendance at last weeks drop in workshop, particularly the Friday session was also strongly recommended, as this would  provided you an opportunity to check your understanding.

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On lecture slides it states the third legal requirement for overriding interest is an informally created legal easement.

However on the workshop revision it says it a easement which is either a legal easement by prescription or a implied legal easement. There isn't must explanatory information on either though so I'm confused

Care needs to be taken with terminology - I think you are referring to the third category of overriding interest which is found in para 3. This is different from a third requirement for an interest to override.
Re your second point- these are just the sort of easements which can override under para 3 - they need to be legal and created other than by express grant that is informally. For the question one essay masses of detail on such easements is not required, just an understanding of how such easements arise informally. You might want to refer to your lecture notes also.

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What is a profit by prescripition
This is not a part of the syllabus it was not covered in lectures nor will it be examined.

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I understand how to tackle a problem question on easements as in what processes to go through to consider whether it will be binding on the owner. However, usually as seen in past papers there is more than 1 easement to deal with in the exam. So if for example i have already stated the characteristics of an easement in the first easement issue, do i then have to go through them all again? or to save time can i say that this right to park for example, will fulfill the characteristics of an easement as stated above?

As in the workshop I would suggest that you begin by considering whether all/any of the purported easements satisfy the Re Ellenborough Park criteria, this will prevent undue replication which as you have identified can be a problem otherwise.

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In this essay question, is it necessary to go into detail about how an easement can be legal or is it enough to say that to override, the easement must be legal? I am also doing the easements problem question (if that's a factor). Thanks
You do not have to examine characteristics of easements etc for the OI essay e.g. Re Ellenborough Park just the specific requirements of ch 3 para 3 legal easement other than by express grant or an implied legal easement

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Kindly take us through the stages in a little detail!
1- Creation 2- Characteristic but v briefly not leasy

This is beyond the scope of this board in some ways, not least as it is Friday evening.
Characteristics are the first thing to establish, refer to Re Ellenborough Park and the 4 characteristics of an easement. As discussed in workshops.
Creation- You need to be aware of express and implied methods of creation and the required formalities/criteria.
Express legal- deed and registration.
Implied - Wheeldon v Burrows, s 62 and Prescription.
Please read your notes .

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the second powerpoint on leases is based on leasehold covenants am I required to know this for the exam
Yes, some knowledge of leasehold covenants. I suggest you try and recall the cases and procedures which were emphasised in the lecture.

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An easement is legal if the correct formalities are followed. But for implied legal easments, the easement will depend on it the correct formalities were followed meaning a deed and registration. But how can it be created by deed if its an implied legal easement? Doesn't it then become an express grant?

You need to be very clear that both express and implied easements can be legal. Deed and registration are only formality requirements for express. Implied methods are by very nature without those sort of formalities.
The methods of implied creation covered in the lecture with Rob were s62, Wheeldon v Burrows and  Prescription. Implied legal easements AKA legal easements other than by express grant override by virtue of Sch 3 para 3.

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In terms of acquisition is it imperative to have a knowledge of implied methods of easements? Due to the shear content are there any of the 3 methods  of creation which are less important/ or any which are on the syllabus but not examined(like the topic of sub letting for leases )?

An awareness of the methods of implied creation is necessary for the examination.

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Can you confirm that on the exam paper Q5 will be leases and Q7 will be easements?
Yes, question 5 is leases and question 7 is easements.

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You stated that you dont need to learn the subletting area of this topic, but why is there a substantial amount of material regarding this on the second PP (SLIDE 10 ONWARDS)?
The material which needs to be covered in a core module is partly dictated by the professional bodies so the SRA and BSB

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Thinking about given time in the exam do we have to argue for both resulted and constructive trust in the implied trust problem question please?
It will only take a couple of sentences at most to consider the possibility of a resulting trust and drawbacks -fixed at purchase. More usual to utilise such conduct (contribution to purchase price) to form inferred or implied agreement constructive trust.

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Can i shorthand joint tenancy and tenancy in common to JT and T-I-C in the exam as long as i write them in full at the start?
Yes, of course, please do. It would be a waste of time to do otherwise.

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since we take the status book in can you tell us please the  Sections that we have to know for Adverse Possession?

As per the lecture information and the workshop demonstration the basic legislation is ss96-68 LRA 2002 and Schedule 6. There is also legislation that will be relevant but it is not appropriate for me to go into more detail.

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Hi Jo, for the leases question, do we need to know about assignments and subletting? The only reason I ask is from looking at the past papers y

As you have spotted from looking at past papers assignment and subletting is not normally examined. i think that I might also have mentioned something along these lines in the leases lecture.

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No, but be aware of chronology of cases

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do we need to know the name of both parties for the cases or if we forget one party name does it matter?
Ideally you will know the names of both parties, if you only attempt to to remember one, I would suggest the second named party. Eg. Willliams & Glyns Bank v Boland refer to as Boland.

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do we need to learn the passing the benefit to successors? if its about restrictive covenants
Yes, if you choose to attempt that question. I would suggest that you attend Rob's drop in workshop on Friday to check your understanding of the topic.

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what is the free hold covenant essay entail

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what is the free hold covenant essay entail

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as your guidance has been a little confusing on this part as mentioned below?
Please see the answer to what is presumably your query below. For clarity restrictive covenants and freehold covenants are the same thing. The only type of covenants you would NOT be referring to are leasehold as these belong to the leases question.
Might i venture to suggest that it is the topic which you are finding confusing. It was the last one covered, do you have had less time to consider. I would suggest attending the drop-in with Rob on Friday if you are considering this topic.

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how much do we need to know about the creation of the easement??

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how much do we need to know about the creation of the easement??

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simply whether it it is is legal or equitable?

OR do we need to know the rule under wheeldon v burrows etc???

I do not know how much more guidance I can give here at this point. You need to know theoretical capability and easement and creation.

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Can you suggest a case to support the first Ellenborough criteria (dominant/ servient tenement )

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Hi. How much knowledge is required if at all , about 'quasi ' easements?  Would you recommend this to be briefly mentioned when applying the 'diversity of ownership' rule. Thanks

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on the day of the exam who is the relevant person we need to show out book to before taking it in to the exam? 

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on the day of the exam who is the relevant person we need to show out book to before taking it in to the exam? 

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just so i can arrive early enough to do this? or do we not need to do this? little confused
If you are satisfied that your book does not infringe exam regulations you do not have to have it checked. Invigilators will check at random during the examination. If you are unsure I am available this week in the drop in sessions to check.

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is the assignment focused on freehold covenants or restrictive covenants as you stated on the first guidance it was on freehold but on the new guidance you have stated that it is restrictive?
Freehold and restrictive covenants are the same thing. For question 8 you will be referring to the material from the lecture which Rob gave. The important thing is not too muddle them with the leasehold covenants which I covered in the second lecture on leases.

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can we just photocopy the pages out of the book we feel are relevant and make our own booklet? as the text on the statute book is tiny i prefer to blow it up bigger and that way i done have to waste valuable time searching through the book

No, sorry. It would be too difficult for invigilators to check exactly what students had photocopied. Use stickers, or underlining or highlighting to try and improve ease of reference.

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Can we underline and put post-it on the relevant pages and take it with us in the exam?
Again, yes, you can underline and put post-its on certain pages of statute book. You can also use different colours if you wish.
No writing on post-its though please not even numbers, or the invigilator will remove them.

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how can we simplify whether an easement is legal or equitable

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how can we simplify whether an easement is legal or equitable

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as i have around 19 pages of notes just for this section..which i know is too much but struggling to simplify it.
Refer back to lecture handout where the volume is much more manageable, it will be the second week of easements which is important here.

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is there any advice you would give to succeed in this question
Firstly, ensure that you have completed the self directed study on this. You have had less time to come to terms with this topic with it being taught last. If possible attend Rob's drop in workshops on Friday in order to check your understanding of the topic.

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is it enoough to learn case law you have mentioned in lectures/workplans? as i have case law from books also but now i have around 40 cases to learn for each topic and i feel i will never remember it all

As I have said before it is quality and appropriateness of application rather than quantity which is most important. Also you will also only have a limited time in the examination, so that will impact. Best to cite major authorities for points as first priority.

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how do we tackle a
INCOMPLETE question cannot answer

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how to we tackle the question on adverse possession ??

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how to we tackle the question on adverse possession ??

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for easements would be re ellen borough park criteria and whether or not its legal or equitable

Please approach questions on all topics the way we have in workshops and in demonstrations. Very Briefly for adverse possession you need to establish that the person is adversely possessing and go through criteria (see lecture handout) then explain the statutory application procedure which is gone through. Basic rules of priority will also need to be known e.g s28 and 29 LRA 2002 and any relevant overriding interest.
With regard to easements, yes, characteristics first and then formalities which will of course impact on whether legal or equitable.

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other students asked the questions I just read your answers.
Thank you for your time and care to answer our questions we love you Jo.

Thank- you for your kind sentiment. It is my pleasure and my job to answer your questions- though I may take a break over the weekend

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I find no past papers nor exam guidance in regards to:

6) Licences &Proprietary Estoppel - Essay,

The past papers are made available in accordance with university policy of which papers should be published. Different topics are tested by different question types, therefore there are not necessarily past paper examples which match exactly. Your workshop on Licences and Proprietary estoppel involved consideration of an essay question, so I would have to disagree with your assertion of their being no guidance. Remember whether essay or problem questions are examining your subject knowledge.

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give us one similar example question to one of the actual exam , please?
1- critically analyse 2- discus? 3- explain a quote?
Please which type of questions would you ask? how many words do you expect under exam conditions? help I need guidance and encouragement

I have already said that this is an unseen exam and this means it is marked more sympathetically.
Equally, I have confirmed that question one will be focussed on overriding interests and suggested that students look at past papers as in essence there are looking at similar issues. Of course, there are two other essay questions licences and restrictive covenants. My advice there is to know you subject thoroughly as your essay question will be examining material we have covered
I cannot give a guide on the number of words. As I have said it is quality rather than quantity which gains credit. As you have already been assessed on this topic I would refer you to the feedback for your assignment.
I can certainly give encouragement and reassurance, nerves are often not a bad thing from a performance perspective as they show an individual cares and are a normal response to an exam situation. Keep revising and do your best, use the teaching materials you have.

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are we allowed to take a statute book into the exam??

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are we allowed to take a statute book into the exam??

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As per numerous previous announcements including in lectures and podcast you are allowed to take in a statute book. If you have any particular doubts about the condition of the book which you wish to take in, please drop in during one of the drop-in workshop sessions to have it checked.

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is there anything you suggest on how to deal with the freehold cov essay question?? for those particularly not good at essays
If you truly feel that the essay style of this question might not suit you, perhaps it might be wiser to pick another topic-one which you have had longer to learn. If you still want to answer this question (after completing the study plan hopefully) then some general advice on essay writing might be of assistance. The university study skills centre does produce such guides, and they are suitable for all students, as they are about improving individual performances.

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as you have thankfully explained how to tackle the easement question in two sections, how do you advise the adverse possession question is tackled

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Anything in particular to concentrate on for the exam?

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Do we need to include Profits a Predre in the problem question?
No

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what is expected in this essay, is there anything we need not focus on? as its just a wide topic considering we have two other topics to focus on also??

As per earlier guidance the question on easements is a problem question and not an essay. As suggested in workshops I would suggest that the question is tackled in two stages. Stage 1 Re Ellenborough Park criteria, are the purported interests theoretically capable of being easements. Stage Two how have the easements been created. Method of creation determines whether the easement is legal or equitable which has implications for enforceability

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Hi the podcast is just the same powerpoint that was already uploaded it isn't anything different??
Yes, essentially though it now has an audio track overlaid on it.

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Do we need to know possible future reforms of OI's? Or just the changes that have already happened?
The focus of the question will be on the changes which have already come into effect, though some mention of future reforms of some OIs could also be useful,depending on application

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With the fractions, does it depend on the number of beneficiaries? for example if there are 6 joint tenants in equity would it start as they all own  6/6?
And if one of the joint tenants died, it would still be 6/6?
Please do not unduly worry about fractions. The important knowledge to be able to demonstrate is that  if one severs they would take a sixth. In the way that you have worded this your answer to the second question is no- joint tenants are group owners they own the whole so if one dies they all own the entirety or 5/5.
The other thing to note is that the automatic right of survivorship only applies to joint tenants, so to modify for example slightly, if 1 out of 6 joint tenants sever they hold a sixth which will not increase if one of the joint tenants dies - their death will only benefit the remaining joint tenants who will own the rest 5/6 between them.
NBthe understanding of the principles is what is most important rather than the mathematics

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In the leases question, do we have to mention licences and how the two cross over?
You will be expected to deal with the lease v licence distinction which we covered in the first lease lecture. The test is found in Street v Mountford and basic consequences are that a licence is personal apply King v David Allen whereas a lease is proprietary.

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Is it likely that a revoked/expired licence will be in this topic?

The claim for adverse possession will be on a freehold and not a leasehold estate e.g. someone  squatting on freehold land.
To highlight knowledge of the requirement that possession must be adverse some knowledge of an expired licence might be appropriate. E.g Pye v Graham itself involved an expired licence and a request to renew but nothing concluded so was adverse

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Can you please explain what the difference would be if the mortgage was an acquisition mortgage or a post-acquisition mortgage. I understand the difference between them but not how this will effect the scenario
For in-depth discussion refer to handout but briefly put;
An acquisition mortgage will never override and bind a lender, as the requirements of Sch 3 para 2 are not meet as there is no proprietary interest which pre-dates the acquisition mortgage. Abbey National v Cann might help to illustrate this.
A post acquisition mortgage will probably bind the lender like in Boland, as there the proprietary interest (often obtained by implied trust) does exist prior to the mortgage meaning it can override and bind under Sch 3 para 2. Post acquisition mortgages are taken out after the property is owned often to raise money for extensions or holidays etc. The important thing is that post acquisition are not used to fund the purchase

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Is it likely that a restriction of sale regarding consent will be on this years exam?
No, the express trusts question will involve a restriction this year.

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Can we have some exam guidance and not just the name of the topics please? Because I understand that there are 8 topics and those are the one we have done during the year. Can we have specific guidance as for the first semester so I can concentrate on 'what to expect' (at least have an idea) during the exam?
Guidance has been given. in each of the workshops we have examined actual answers to the different questions. Handouts also provide a structure of what is important in relation to each of the topics. This is an unseen examination and will be marked accordingly.

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AP- Clarification on exceptions in step 4 of the process of claiming AP

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AP- Clarification on exceptions in step 4 of the process of claiming AP

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Is it necessary to have a working knowledge with supporting cases of the exceptions of 'Proprietary estoppel' and whereby the 'adverse possessor is legally entitled to land' as you mentioned these were less common? Compared to the main exception- boundary disputes.
It is not necessary to have an in-depth awareness of the separate substantive topic of proprietary estoppel but you will need to have a basic knowledge of when such an argument might be advanced.

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Can Williams v Hensman be used as the basis for the three methods of severance?
I am not quite sure about how this question has been phrased. The Williams v Hensman case preserves the common law methods of severance. The 3 are act operating on own share, mutual agreement and mutual conduct.

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Will Unities of title be relevant to discuss?
The unities will not be a major part of the question. As you will see from past papers, questions always begin with expressly declared express trusts - though it can aid understanding as to why certain events are characterised in a particular way. E.g. people who enter the problem after the initial declaration will be tenants in common not joint tenants due to lack of unities.

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Hello.
If a person was in adverse possession for 6 years and dies. But her son takes over her place in squatting in the property. He then has adverse possession as the limitation period carries on due to the factual possession being passed on. However, which case or which section of legislation allows the son to continue being a squatter?
Thanks :)
It is not that the law permits the son to continue being a squatter as such but authority that the 10 year period can be satisfied by more than one person is Sch 6 para 11 (2) which provides periods of AP be different people may be added together, provided they form a continuous whole.

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Hi. Question1 is about 'registered land'. From the past exam papers it seems it is more specifically OI's. Is this going to be the same in this exam?
Yes, the particular focus (as previously stated) will be on OIs.

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What cases could we use in answer to Q1 on overriding interests
"with reference to the relevant case law discuss whether this aim has been achieved by the LRA 2002"
Cases where the outcome would be different since the LRA 2002 has come into force. For example Celsteel v Alton no longer being good law and the consequence of this equitable easements cannot override under Sch 3 para 3 -this has consequences for the mirror principle.

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Under the Facchini v Bryson exceptions, what does the category  'acts of generosity and friendship ' mean?
Will this be relevant in terms of revision for the problem question?
The Facchini v Bryson exceptions operate where someone has exclusive possession but does not have a lease because of the operation of the exception. The category has in mind someone having exclusive possession of a property on the basis of a friend doing them a favour.

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what is the difference between first registration and subsequent registration in relation to overriding interests?
The difference is whether Schedule 3 or Schedule 1 is applied. Although this is not an element which requires in-depth consideration in the exam.

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Techbild v Chamberlain- Should this case be cited in regards to proving factual possession or intention to possess. As the ad hoc use of land was not enough and considered transient and trivial?
It can be used in both ways, though it is perhaps most frequently used on the point of factual possession & how the use of the land was too transient.

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Will we need to talk in depth about breach of covenants or is it more focused on the lease/licence distinction perspective?
AS per the exam guidance you will have to know material from both lecture handouts, so be aware of both aspects of leases which you mention.

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Will the essay question be similar to what we did in semester one (regarding the mirror principle) and how there is cracks in the mirror?

Yes the question will be examining the same area,so will be broadly similar.

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In how much detail do we have to know the relevance of Notices to intention to possess. I cannot seem to find any cases in relation to this on the power point.

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Is it necessary when establishing factual possession to mention the case facts of Powell v McFarlane. Is it enough to say there must be an element of physical control as mentioned by Slade J.
Yes, although if you wanted to bring in other case law examples it could only enhance. e.g. Red house Farms v Cathcpole-shooting wildfowl was held to a sufficient act of possession and physical control.

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Out of the 8 topics we can choose from, which are the easiest to revise/attempt? I have already chosen AP, and need 2 more which I havent decided.

Or which topics are msot frequently attempted by students

This is an entirely subjective question there is no objective answer.

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Adverse Possession - Inheritance of land by squatter

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Adverse Possession - Inheritance of land by squatter

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Which is appropriate?

LRA 2002 section 28 - a donee takes the land subject to any rights binding the donor.

Or...

LRA 2002 Sch 6 para 11 - a person is regarded as being in adverse possession as a successor in title regarding any period of adverse possession by the predecessor

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Do we need to learn about other points such as OI's,
You need to understand how dispositions and priorities might interact with a topic. Refer to the material which we examined in the course of the workshop.

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Will the exam question ask about overreaching as well as overriding? Not specifically, though it might have some relevance

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Can you please upload the work-plan/ feedback for the work on leases.

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Please can we get feedback on the licences workshop?
Feedback is now available for both the leases and licences workshops

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do notices count as intention to possess for adverse possession?

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Will the question include an acquisition  or a post acquisition mortgage, or both?

You will need to know the law relating to both types of mortage

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what does it mean when it says that factual possession depends on the nature of the land?

It means that what amounts to factual possession will varying with the type of land you are considering. Eg. if it is a field, using the field in the way that one would normally expect for land of that kind, for example grazing, cultivation or storage. Making clear that possession would not necessarily equate to living there.

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when will we know the exam date
The exam timetable is available online as has been referred to in lectures. The timetable is available from the University webpage a-z index- select e and then exams and conferments the entire timetable for the university is there.

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Can we get a workplan for the registered land topic please?

Please find at bottom of the workshop materials section

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What does this topic entail?
It is largely focussed on overriding interests/interests which override.

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For a joint tenant to sell their share to another or an outsider, is written documentation/valid contract of sale needed?
Contract not necessarily needed if the Burgess v Rawnsley criteria are satisfied.

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Which Lectures cover this topic, in order to  direct our studying?
There will be a lecture in the week commencing the 19th of March. There will also be a directed study plan to support the topic.

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From the 8 topics we choose 3 from, which ones are problem questions and which ones are essays????

As per previous announcements you will not be given this info until closer to the exam. The majority will be problems though and question one is always an essay.

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What questions will definitely be on the exam?
Please refer to your exam guidance which is under the lecture materials tab under the lecture for week 5 of semester 2 called early exam guidance. This information was also confirmed in the announcements section as per regular announcements in teaching sessions.
We will also be going through it in workshops this week

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What lecture was express and implied trusts taught in? 

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What lecture was express and implied trusts taught in? 

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Semester one topics.

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My apologies I have not been receiving notifications in the usual way. I will check manually.

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Is the topic of registered land based solely around adverse possession? NO. Adverse Possession and registered land aka overriding interests are separate questions.

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Will  this exam be submitted in a typed format. or will is be hand written as usual ?I am still speaking to the University about this. As I understand it we will need to be in a computer lab and have a typed format

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I understand that we must pick our own 3 topics for the exam. However, how will we know if it will be a problem question or essay etc?
You will not be told until closer to the exam. Though the majority will be problems

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when do we get our marks for the assessment

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Is the second section essay asking to give pros and cons of the register, or to suggest ways for it to improve?

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Is the second section essay asking to give pros and cons of the register, or to suggest ways for it to improve?

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The interpretation of the question is part of the assignment. Also I think that the two alternatives which you suggest need not be seen as alternatives but could be viewed as two different ways of saying the same thing.

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Is it okay to be over the word count by twenty words or so? 

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Is it okay to be over the word count by twenty words or so? 

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Academic guidelines state that exceeding the word need only be penalised if the marker feels the student has gained an unfair advantage over other students. By penalised I mean not all credit given for all the words if a lot over. I find it difficult to imagine than 20 or so words could be significant.

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Do we have to add articles into Q2 or is it enough if we just have a few in the biography for a high mark??

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Do we have to add articles into Q2 or is it enough if we just have a few in the biography for a high mark??

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Listing articles -if it is evident to the marker that they have not been read or are inappropriate will not gain marks.
C

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Is one case for each question sufficient to get a 2:1?

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Is one case for each question sufficient to get a 2:1?

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This is not really possible to answer as the mark would depend on other variables to- e.g. quality of prose,structure and other resources. It would also depend which case and how the student used it. Different parts of the question would normally require different amounts of caselaw

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Are quotations included in the word count? 

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Are quotations included in the word count? 

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Yes if in the main body of the text.

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In order to fully answer this question and get the most marks, must each type of ownership be applied with the relevant rules ? e.g. sole ownership, joint ownership  ,tenancy in common
ANSWER Read the facts of the problem carefully. Consider how many legal owners there are. The choices with regard to joint tenancy or tenancy in common can only apply where there is more than one legal owner.

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Hi, would it be possible to upload the voice recording for the last trusts lecture  of semester 1. Due to the weather conditions.  I will put it on my to do list but it is unlikely to be done immediately, due to exceptional circumstances. Most of what I say is on the Powerpoint. there will also be ample opportunity next semester to look at the topic again in revision. If you have any immediate questions please post or email,

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Is it necessary to apply the two requirements of an overriding interest to each  or can we simply state that the requirements have been met? ANSWER I am not entirely sure what you mean. In order for an interest to override it must be at least arguable that it satisfies all  of the necessary requirements.

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 " purchaser did not know about the interest".

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 " purchaser did not know about the interest".

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Can an overriding interest fail if the " purchaser did not know about the interest".
is this a decisive factor or is  it a point which adds to favour of the purchaser.
Technically can this point essentially be used by Peter to win in the scenarios?
ANSWER The answer to this question is generally no, it does not matter that the purchaser does not know, that is precisely why interests which override are so problematic to purchasers. Having said that there could be an instance where it meant the interest did not override; for example, if under scheule 3 para 3 the implied legal easement was not obvious on inspection and had not used within the last 12 months. In that example it would remove the third way such an easement might override e.g, purchaser knew.

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Re difference between joint tenancy and tenancy in common.  

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Re difference between joint tenancy and tenancy in common.  

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ANSWER- the legal estate is always held as joint tenants they only have a choice with regards to the equitable interest. It is normally based on their expressed declarations. Though if they are silent then the four unities rule is applied.