There is no justification for limiting the enforceability of freehold covenants to those which are negative. Explain and discuss the methods for enforcing freehold covenants in light of this statement.

Feb 15, 2024

There is no justification for limiting the enforceability of freehold covenants to those which are negative. Explain and discuss the methods for enforcing freehold covenants in light of this statement.

Property Law

1/3
Open Book Online Examination for Undergraduate students – May/June 2022
PROPERTY I
155200074-A21/22
This paper is suitable for all students
Time Allowed: 24hrs from the release time in BLE
The marks for this paper constitute 60% of the total marks for this course.
Permitted materials/equipment
N/A
Special stationery/equipment required
N/A
Suggested total word limit:
1500-1800
Suggested word limit per question:
750-900
Instructions:
Answer TWO of the following SIX questions.
Reference as per instructions
Credit will be given for a useful range of relevant authority
Word limit: Your answers should not exceed 900 words for each question. Please state the
word count at the top your answer sheet.
2/3
Answer TWO of the following SIX questions.

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  1. Myrae died recently and appointed Niche as the executor of her will.
    a) £100,000 to my executor on trust to be distributed as he shall decide to the
    most successful members of my graduating class at SOAS.
    (b) The most valuable coins in my collection of rare coins to Sarah.
    (c) £20,000 to my executor, to distribute if he sees fit to any of my friends that he
    considers deserving.
    (d) Everything that is left to my nieces and nephews.
    Advise Niche.
  2. There is no justification for limiting the enforceability of freehold covenants to
    those which are negative.
    Explain and discuss the methods for enforcing freehold covenants in light of this
    statement.
  3. John was the sole owner of the freehold title to Blackacre which he inherited
    from his grandmother. After meeting on holiday, John and David began a
    relationship in July 2000. In January 2001, John asked David to move into
    Blackacre with him. This required David to move out of his rented flat in
    Bournemouth to join John in Yorkshire. David was very happy but wanted to
    know that this was a good decision. John said to him: ‘You can think of this as
    being your home too. I want us to have a meaningful relationship.’ David was
    overcome and could not reply. David asked in June 2005, if he could refit the
    kitchen so, ‘…that I know this is my home too’. John agreed and then David
    spent £40,000 on refitting the kitchen. They then wanted to provide guest
    accommodation and built a small annex that cost £100,000. This was funded half
    by John and half by David. Recently, John has begun a new romantic
    relationship and wants David to leave the property.
    Advise David on his potential rights in Blackacre.
  4. Gautam owned an apartment that was built in the art-deco style from the 1920s.
    In 2021 he put the apartment up for sale and Tonu came by to view it. In the
    apartment, there was (a) a large wooden made-to-fit freestanding cupboard; (b)
    an art-deco wrought iron balcony railing that was fitted to the balcony; (c) a large
    decorative mirror that was hung on a nail that was hammered into the wall. Tonu
    liked the apartment so much that she put an offer on it and a sale was agreed to
    follow soon after. After she purchased the apartment, she discovered that
    Gautam had removed the cupboard and the mirror, and had replaced the
    wrought iron balcony railing with a wooden one. Tonu comes to you, as her
    lawyer and asks for your advice on whether she can get the aforementioned
    articles back. Advise Tonu.
  5. ‘Easements of storage should not be considered easements at all.’ Discuss.
    3/3
  6. Tahsin is the registered owner of a house. In January 2004, she got a job in
    Australia and left for Sydney. She thought it was a temporary placement for a
    couple of months but ended up staying there till April 2022. Before she left in
    January 2004, she locked the house and made sure all the windows were bolted
    shut. She disconnected her electricity, water and gas supply.
    In February 2005, Judy noticed that the house had been empty for some time,
    decided to enter the property from the back garden. She initially intended to stay
    there only for a couple of nights. Until February 2007, she continued to use the
    house as a temporary shelter and would stay there for 4-5 nights a week.
    In February 2007, she met someone residing at the adjacent property and in
    order to avoid drawing suspicion to herself, told them that she had recently
    purchased the property but was still doing it up. In February 2007, she started
    living there full time, but did not have water, gas or electricity.
    In March 2008, she reconnected the water, power and gas and transferred these
    bills to her own name.
    In March 2009, Judy changed the locks on the front door. In April 2010, Judy
    replaced the name plate on the front of the house with her own name. Later that
    year, she met her current partner, Alex. Alex moved in in April 2012. Later in
    2012, Alex and Judy adopted two kids and they all lived in the property as a
    family.
    In April 2022, Tahsin returned back from Australia to find that her house was
    being occupied by Judy and her family. Tahsin threatens to evict Judy and the
    family. Judy comes to you as her lawyer and asks for your advice.
    Advise Judy.

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