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PROPERTY LAW

Question 1 Registration provides a definitive record of ownership. A register maintained by the Land Registry records details of the land including information about its physical extent instead of a purchaser verifying that the vendor has the right to sell by checking through a chain of title deeds, all that is needed is for a simple check to be made with the Land Registry Jackson N, and Pearce R, Land Law 4th edition (Sweet & Maxwell 2008), p.78 To what extent does the registered title of a property reflect the totality of the rights and interests concerning the property? Your answer should address the changes introduced by the Land Registration Act 2002. Question 2 In June 2000 Tariq the freehold owner of a house at no 10 Victoria Street granted a lease by deed to Melanie of the ground floor flat in the house, for 99 years at a rent of 100 per month. The lease contained a covenant by Tariq to keep the exterior of the house in good repair. It also included a covenant that prohibited the tenant using premises for business purposes and a further covenant that the lease could only be assigned or sub-let with the landlords consent. The lease contains a forfeiture clause. In January 2010, Melanie assigned the lease to Lorcan, with Tariqs consent and in January 2014 Tariq sold the freehold of no 10 Victoria Street to Seamus. Lorcan is a personal trainer in a gym and supplements his income by providing private personal training in a makeshift gym in his flat. The occupants of the other flats have complained to Seamus about the number of visitors to the flat in the evenings and weekends and the parking problems this causes for the occupants. Lorcan has also not paid any rent since January 2019. When Seamus chased him for the rent Lorcan refused to pay until Seamus replaces the PVC windows which have become mouldy with condensation. Lorcan says this has aggravated his asthma. Advise the parties. How would your answer differ if the lease had been granted in June 1995?