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Llbk215:Law Of Property In Land Question Paper
Llbk215:Law Of Property In Land
Course:Degree Of Bachelor Of Law
Institution: Kisii University question papers
Exam Year:2014
INSTRUCTIONS
1.Do not write anything on this question paper
2.Answer question one and any other TWO questions of your choice from the remaining
3.Illustrate your answer with relevant cases and statutory provisions where applicable
QUESTION ONE
You have previously represented Dogma Enterprises who had sold a parcel of land to which they had title.The purchaser of the property ,praise investments are pleased with your work and engage you to assist them with the registration of title.
a)Give your client a summary of understanding of the title regime.10marks
b)Upon registration of title,praise investment inform you that they intend to carve up their land into small small parcels and sell those at a profit.Advise them on the process they ought to pursue in this regard.8marks
c)Problems arise where as soon as you advise praise investments ,a new outfit calling themselves “the Anti-praise Group” invade the land claiming to have been on it for a very long time..Advise your client, who is now the registered owner of the land parcel,on the sustainability of the claim brought by the anti-praise group.12 marks
QUESTION TWO
a)An apprehensive clutch of villagers approach you seeking advice.They inform you that they have received a letter stating that their land is required for infrastructure development.They fear that the will be displaced and scattered should their land be taken away.Advise them on the process by which their land can be taken from them and shed light on whether their fear of total loss are well founded. 8marks
b)You make representations to the relevant body requiring the taking up of your clients land and receive a response wherein the body indicates that it has withdrawn from the process.What might be the reasons for such a withdrawal?6 marks
C)Explain to the anxious group the role that the court may play in this exercise. 6marks
QUESTION THREE
a)Describe the system of land tenure recognized by the statute and highlight the principles by which the identified systems of tenure you have cited are founded. 7marks
b)What are the various ways in which title in land may be acquired?illustrate your answer.7marks
c)In what circumstances can a special regisration procedure be followed to give good title to land? 6marks
QUESTION FOUR
a)Falcao and Manisha approach you for an opinion. They are newly married and intend to purchase land near their current place of work to set up a home.They inform you that they want to have their names on the title.Advise them on the possibility for such a registration and explain to them the legal implications of such a registration. 12marks
b)It emerges that Manisha had,as a member of a “chama” purchased along with 3 other people a parcel of land which had yet to be registered.The “chama” has yet to be registered.Manisha and her friend feel they can also be registered as owners and develop the property as per their plans pending registration of the “chama”.8 marks
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