‘A mortgagee is not a trustee of the power of sale for the mortgagor’. Evaluate this statement, giving examples to illustrate your argument.

Answer ONE question from this section.

1.Aimee owned numbers 1 and 3 Moordale High Road, both freehold properties with registered title. Numbers 1 and 3 were originally one large property which Aimee converted into two properties. In 2004, she sold number 3 to Maeve, retaining number 1 for herself.

The conveyance of number 3 to Maeve was subject to the following covenants “for the benefit of Aimee and any land retained by her, her heirs, assigns and successors in title:”

a) to use the property for residential purposes only;

b) to contribute half of the cost of the maintenance to the driveway shared by the two properties;

c) not to allow the roof shared by numbers 1 and 3 to fall into disrepair;

d) not to keep any cats (Aimee is a keen birdwatcher).

In 2009 Aimee sold number 1 to Lily. In 2015 Maeve sold her property to Otis, who is conducting a motorbike repairs business at number 3.

Otis has failed to repair the roof shared by the properties which is leaking heavily and failed to contribute to maintenance costs of the shared driveway. Otis also is keeping cats at number 3.

Advise Lily. (max 1200 words).

2.Gilbert owns a house in Boltown, which he rents out to students. On 1 September 2018, by four identical documents each entitled “Licence Agreement”, Gilbert gave four students, Jay, Will, Simon and Neil, individual rights to occupy the house. Each Licence Agreement provided that the named student was to pay £540 per month to occupy the house, and also stated that each of them would be sharing the house with whomever Gilbert should select. Gilbert retained a key to inspect the house from time to time.Gilbert has now decided to sell the house, and wants to evict Jay, Will, Simon and Neil who assert that they are tenants and are refusing to leave.

Advise Gilbert.(max 1200 words).

SECTION B Answer ONE question from this section.

3.“Section 62 is a trap for the unwary, as well as being uncertain in its effect and in the extent to which it overlaps with Wheeldon v Burrows”.

Law Commission Report, Making Land Work: Easements, Covenants and Profits a Prendre(Law Com No. 327, 2011) at paragraph 3.59.

Critically discuss this statement.(max 1200 words).

4.‘A mortgagee is not a trustee of the power of sale for the mortgagor’. Evaluate this statement, giving examples to illustrate your argument.(max 1200 words).

 

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