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In November 2016, Natalie & Adrian purchased a home for £500,000. However, only Natalie was registered as a proprietor. They each contributed £250,000 to purchase the propertyIn September 2022, Adrian travelled to San Francisco for a 3-year assignment related to his work. Before leaving, Adrian & Natalie agreed that Natalie was to be responsible for any decision taken regarding the upkeep and management of the property. In October 2022, while Adrian was away, the property suffered a substantial roof leak. To pay for the roof replacement and substantial repairs to the property Natalie secured a loan of £200,000 from Leland Bank, secured against their home. The surveyor sent round before the loan was granted made no enquiries about any other interest in the property, despite evidence of cohabitation.Natalie made all the repayments on the loan. Unfortunately, Natalie lost her job last year and fell behind on repayments to Leland Bank. The value of the property has reduced significantly because of a dip in the housing market, and it is now worth £350,000. The balance on the loan from Leland Bank is £185,000. Which of the following identifies the most likely configuration of the beneficial interest in land?
What argument could the lender make with respect to claiming priority over Adrian’s interest?
What is the most plausible outcome from this scenario?
In November 2019, Annie and Troy jointly purchased a home for £400,000. They paid half each towards the purchase of the property, but only Annie was registered as a proprietor.In March 2022, Troy’s parents moved to New Zealand. Annie encouraged Troy to fly out with them and spend a few months with them to help them get settled. In that time, Annie took the opportunity to mortgage the home to Greendale Bank, to raise £300,000 to set up her own business. Before the loan was granted, Greendale Bank sent round a surveyor. Annie made some effort to tidy away Troy’s personal effects but there was an outbuilding in the garden with a sign on it saying “Annie and Troy’s gym”. The surveyor made no enquiries about this and the loan was subsequently granted.On his return, Troy was upset with Annie’s decision to mortgage the home but he supported her business and, through payment to their joint account, he contributed half to the repayments of the loan. Unfortunately, in July 2024 Annie’s business started to struggle, and they began failing to make repayments to Greendale Bank in September 2024. The property is now worth £500,000. The balance on the loan from Greendale Bank is £270,000.Which of the following identifies the most likely configuration of the beneficial interest in land?
What argument could the lender make with respect to claiming priority over Troy’s interest?
A borrower must demonstrate that they can repay arrears within a reasonable period. Which of the following defines reasonableness in this respect?
If a lender seeks possession of mortgaged property, which of the following arguments can a borrower make to request that the court adjourns possession proceedings?
Which of the following is NOT a duty owed by the lender to the borrower when selling mortgaged property?
In a domestic, sole-proprietorship context, which of the following will definitely clear the threshold for acquiring a beneficial interest?
In June 2007, Bronca purchases a 125-year lease of 30 Houlihan Court. The lease agreement contained the following provisions:
3.11 Not to use the premises for anything other than residential purposes3.23.3 Not to assign the whole of the premises without the prior written consent of the landlord—and a proviso for re-entry that sets out that the landlord can forfeit the lease:6.1.1 If any covenant on the part of the Leaseholder shall not be performed or observedIn April 2013, Bronca assigns the lease to Manny, with the landlord’s permission. Soon after his purchase, Manny and the landlord subsequently agree to amend the lease and introduce a new leaseholder covenant “not to make any structural alterations or additions to the premises.”In February 2023, Manny started to run a pop-up eatery from the premises. Manny had completed cosmetic work to the premises and undertook minor renovations to the kitchen and bathroom. This work totalled £10,000. In December 2024 Manny replaced a load-bearing wall with a suspended beam in order to create more floor space for his customers. The cost of this work was £40,000 and Manny has spent his entire savings in order to pay for the work. When the landlord found out about all of this in January 2025, she was outraged.The landlord wishes to exercise her right to forfeit for the breaches. Which of the following statements applies in this scenario?