Please answer all three questions:
Question 1
Last month, the University of Ceele entered into an agreement to sell
part of its campus to Kampus Creativity Ltd (KCL). An artwork known as
‘Forest of Light’ (pictured in the foreground below) is situated on part of
the land included in the sale. This artwork was not expressly referred to
in the negotiations leading up to the sale or in the written contract signed
by both parties. The Vice-Chancellor of Ceele University now wishes to
know whether ‘Forest of Light’ is included in the sale of the land.
Question 2
Critically consider whether the decision in Dowding v Matchmove Ltd
[2017] 1 WLR 749 (CA) means that in failed land contract cases the
Court of Appeal is making use of the doctrine of proprietary estoppel in
all but name.
Question 3
Irma holds the registered freehold title to Thunder Master Farm. Over
the last two years she has entered into the following transactions.
a) Three fields were sold to Phillippe. These fields are separated
from the public highway by a fourth, which remains part of Thunder
Master Farm. The transfer of the land did not include an express
easement allowing Phillippe to cross over the fourth field, but you
should assume that an implied easement to do so was granted as
a result of the transaction. Phillippe decided to let the fields lie
fallow for a long period before farming them, and has not visited
them since the date of the transfer.
b) Stacia took a three-year, verbal, lease of the stable-block, which
includes an equitable easement to use the main drive-way of the
farm in order to reach the stables.
c) A contract to grant a ten-year lease of the main barn to Oscar. The
main barn adjoins the public highway, and Irma has allowed Oscar
to store some of his equipment in the barn prior to the lease being
completed.
Irma now wishes to grant a mortgage in favour of Gaumont Bank plc.
Indicating any further information you may require, advise the bank
whether the implied easement, the equitable easement, and the contract
to grant the lease will take priority over any legal charge registered in its
favour.
