Land/property Law: Thomas Case

1. (a) To create a lease out of registered land that will bind a future purchaser of the landlord’s estate, in certain circumstances it is necessary to register it. Consider why the law requires registration and whether it is justifiable to have exceptions, using case law to illustrate.

[50% of the marks]

and

(b) Thomas is the owner of the registered freehold to Beverley House, which Raj is considering purchasing. Thomas entered into a number of arrangements last year:

• He made an agreement with the owner of a neighbouring property, Dunnock Cottage, allowing one car to be parked on a large gravelled area within the grounds of Beverley House. 
• He took a loan from the Bruddersford Bank, using Beverley House as security.
• He agreed a nine year lease of a derelict outbuilding also within the grounds of Beverley House. The tenant has not moved in but his builders have been present for the last few weeks carrying out work to make the building fit for use as his new office.

Advise whether Raj will acquire Beverley House subject to any of these arrangements. Consider what difference it would make whether a deed or written contract was used to create each potential interest, and also the significance of whether or not the interests were registered.

[50% of the marks]

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