Critically analyse the UK Land Registration Act’s main changes to the law of adverse possession. Do you consider that these have drawn the right balance between the interests of registered proprietors and squatters?

UNITED KINGDOM

in Qualifying Law (Master of Law )
LAND LAW EXAMINATION –

INSTRUCTIONS TO CANDIDATES

use the United Kingdom, Land Law cases, decision, and most relevant Law/ Legislation.

Answer THREE questions only. There are EIGHT questions on the paper.

Word Limit – 1500 words per question (+/-10%)

OSCOLA referencing (footnotes) and bibliographies are not required.
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Your answers to the questions must be typed into a single word document. You must add your 6 digit student number to the header of this document. You must also include your 6 digit student number in BOTH the file name and submission title (when you upload it to Canvas).

1. Critically analyse the UK Land Registration Act’s main changes to the law of adverse possession. Do you consider that these have drawn the right balance between the interests of registered proprietors and squatters?

2. ‘The governing maxim is ‘once a mortgage always a mortgage’ and equity jealously guards against any attempt by a mortgagee to acquire anything other than security for his loan by the imposition of certain restrictions’.
Critically analyse this statement with reference to relevant case law.
3. ‘The register created by the Land Registration Act 2002 should never be a perfect mirror it needs to be cracked.’

Critically analyse this statement.

4. Sarah bought a remote country retreat called “La Dolce Vita” in 2005 from Alice, it comprised of a large barn that had been converted into living accommodation, adjoining stables which had been converted into business premises and two large fields in front of the property.

“La Dolce Vita” is accessed from a defined dirt track from the road. When Alice owned both properties she would regularly drive her quad bike across the fields rather than use the dirt track which she used when she drove her car.
Sarah had no use for the fields when she moved in so leased the fields to Alice to graze sheep on for 10 years and allowed her to use the stables to store the animal feed in until she needed the stables herself. Sarah also allowed Alice to use her dirt track to access the stables.

In 2015 Sarah renewed Alice’s lease of the fields for a further ten years.

It is now 2021 and Sarah and Alice have now fallen out and Sarah is refusing to let Alice store the feed in the stables as she wants to use the stables as a Bed and Breakfast. Sarah has also told Alice she can no longer use the dirt track.
Advise Sarah.