Problem Question Frameworks

Question 1

Easement problem question:

where X wants to assert an easement against Y

Answer 1

• where X wants to assert an easement against Y break it down into*
  (i) is the right in question capable of being an easement?,
  ii) has it ever been granted as an easement?:
• Expressly in the conveyance
• s.62 LPA
• Impliedly by neccesity/common intention
• Wheeldon v Burrows

(iii) if Y is a successor to the original grantor, has the burden run to Y?

Question 2

Mortgages problem question

Where X is trying to resist Y’s claim for possesion since X has defaulted on her mortgage repayments.

Answer 2

(1) (Can R resist S’s claim for possession via Quennell v Maltby and/or the AJA provisions?

• This may depend on her prospects of paying off the loan.
• As to that, see whether she can attack the interest rate, and/or the solus tie (which, she says, locks her into an unprofitable situation) … and consider the significance of her hope of an inheritance.

(2) If S do gain possession and sell, are they under a duty to achieve a higher price? NB: the doctrine of restraint of trade is irrelevant to this question.]

Question 3

Trusts of Land problem question

Answer 3

Take this problem in three principal parts:

First, see whether K has an interest at all.

Second, see whether – under TLATA 1996 s 14 – she can prevent J selling the house so as to help his financial situation.

Third, consider whether, if J defaults and the bank sell the house, they will have to pay K half of the proceeds: which depends on whether her interest binds them: which in turn turns principally, on these facts, on whether she is in actual and apparent occupation at the time of the mortgage, and on whether she can be taken to have consented to the mortgage.