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Landlaw 1 Question Paper

Landlaw 1

Course:Bachelor Of Laws

Institution: Catholic University Of Eastern Africa question papers

Exam Year:2012

Q1. a) James owns a parcel of land in Kitengela. He dies intestate, leaving his heirs, his sons John and
Peter. Identify what kind of tenancy is created and give your reasons for deciding so. (10 marks)
b) Mama Watoto who lives on her land in Kiambu executes a valid deed conveying her land to her daughter, Jane. In the deed she indicates that “this land is yours as long as I complete my new volume of memoirs”. Identify the estate granted to Jane and differentiate it from other estates of inheritance. (10 marks)
c) Larry, Mary and Jane are joint tenants of a parcel of land in Mwingi. They constantly bicker and decide they would be better off dividing up and distributing the property among themselves, with each one getting a third. Can a joint tenancy be severed this way? (10 marks)
Q2. Distinguish between fee simple absolute estate as created under common law and an absolute proprietorship created under the Registered Lands Act cap 300. (20 marks)
Q3. Nyangumi owns a parcel of land in Nyasiongo. He sells it to Omwenga on October 1st, 2011 and Nyangumi neglects to record the conveyance. On November 15th, 2011 Nyangumi sells to Kerubo, who records the conveyance on November 20th, 2011. A dispute later arises and it emerges that Nyangumi never had a valid title over the land. Citing decided case law advice the parties. (20 marks)
Q4. a) Onyango owns a parcel of land and a lawyer friend tells him that he owns the air above it and the ground beneath it. Accordingly, Onyango writes to Kenya Airways and demands that its aircraft go around his property instead of flying over it. Must Kenya Airways comply? (10 marks)
b) Differentiate between an underground water course and percolating water and establish the importance of this distinction under Kenyan Laws. (10 marks)
Q5. a) The Keiwa family owns a house in a Blighted area with a huge tree in the front yard, which houses an enormous, ramshadde tree house. The City Council wants to seize the yard via its power of eminent domain and turn over the property to private developers, who plan to renovate the tree house and sell it off to interested buyers. The family objects to this. Advise them
(10 marks)
b) distinguish between Priority of Registration and Stay of Registration.
(10 marks)

Landlaw 1 Question Paper

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