Suggested Answer to Exercise 16.2 (Part 1)
Approaching the Question
The suggested answer contained in these pages is designed to illustrate how to answer Exercise 16.2 whilst also helping you to develop your problem answering skills.
- It is only an illustration. There is no one right way to answer any question.
- It is in note form – you need to develop and practice your own style of answering questions.
- It is easy to be overawed by the complexity of questions like this one. In fact, they are relatively straightforward: primarily you are being asked to address the relative priority of the various interests being claimed in the house.
- You are expressly told that title to the land is unregistered at the beginning of the question. However, you must also be alert to any events in the question that might trigger first registration of all or part of the title (see Land Law, Chapter 15). Whilst it is best to keep the rules of registered and unregistered land entirely separate in your mind, you must be ready to use both sets of rules where it is appropriate to do so.
Before you go to the next page, make notes under the following headings:
- What issues are raised by these facts (what do Clive, Lucy and Emma want to know)?
- What rules will you need to use to answer their questions?