Posted: February 13th, 2015

Distinguish between real and personal property and demonstrate knowledge of legal and equitable interests in property

An attatchment is enclosed with the order which is the assignment brief including what the essay require the 3 case studies which need to be answered and the criteria guideline for what is required in order to achieve the high level grades

Assignment Brief
LAND LAW

Module Learning Outcomes

1. Distinguish between real and personal property and demonstrate knowledge of legal and equitable interests in property
2. Identify the methods of creating interests in land and the way those interests may be protected on both registered and unregistered land
3. Analyse the principles of trust and co-ownership and understand how land can be held by more than one person
4. Understand the nature of easements and profits and critically evaluate the principles that govern them
5. Identify and evaluate the rules and principles that govern the transfer of ownership and covenants that can be imposed
6. Understand the nature and effect of a mortgage and assess the rules that govern that area

Required Task

You are required to complete the following in order to fulfil the requirements for the Land Law module.

The Following set of questions need to be reviewed. You should then indentify the relevant law for each scenario, apply the relevant law to the facts and reach a reasoned conclusion. This will involve assessing the merits of competing arguments.
Assignment Brief

Background

This task involves a problem question based on a scenario; please answer the problem in up to approximately 2500 words (not including footnotes and bibliography).

Please note: If you wish to use headings and sub-headings to structure your submission you will not be penalised. You may also find this assists you in structure and frugality with word count

Requirement

Utilizing legal research and their study of land law for purpose of preparing and presenting an advice to a client and in so doing:-

•    correctly identify the law relating to the facts as presented
•    apply it in a logical way, making use of statute and case law as authority
•    advise the client in a competent manner

To structure your answer to the problem in a clear and logical way

QUESTION 1

Joseph and Mary were the freehold proprietors of adjoining houses at numbers 27 and 29 Acacia Avenue respectively. The two neighbours always got on well and lived in their respective houses for over 25 years. Many years ago, Joseph executed a deed which granted a ‘right of way on foot only’ to Mary along a two metre wide strip of the end of Joseph’s garden to enable Mary to gain access to her allotment which is at the other side of and behind Joseph’s land. Joseph has always parked his car beside the gable end of Mary’s house on a piece of open land which falls within Mary’s ownership. There has never been any formal arrangement about car parking, but this is something that Joseph has always done and Mary has never raised any objection. Mary recently sold her property to Les and Janice. There was no mention in the conveyancing documents about either the right of way over Joseph’s land or the parking of vehicles at the side of Mary’s property.

Advise Joseph of the legal position in the following circumstances:

(a)     Les objects to Joseph parking his car at the side of what is now Les and Janice’s property. Les has threatened to either clamp Joseph’s car or have it towed away if he parks it there again.

(b)         Les and Janice own a car each and Les has started to park his car on the two metre wide strip across the end of Joseph’s garden.

(c)     Les and Janice have built a high wooden fence between numbers 27 and 29, on Les and Janice’s side of the boundary, which is blocking the light to Joseph’s kitchen

QUESTION 2

Duncan and Ruth are the freehold proprietors of ‘Ivy Cottage’. Many years ago, the then owner of ‘Ivy Cottage’ sold the adjacent piece of land to enable the purchaser to build a new property on that land. The title deeds to both properties reflected that there was an agreement between the adjoining property owners that, amongst other things, the new property:

a)    would ‘at all times, now and in the future, be maintained in a good condition and in a style and appearance in keeping with the neighbouring properties built and to be built’; and
b)    would not ‘be used for the purpose of operating a business of any kind whatsoever’.

The new property became known as ‘Daisy Cottage’ and is now owned by Anthony and Cleo. Duncan and Ruth are unhappy that Anthony and Cleo have recently ‘pebble-dashed’ the front of Daisy Cottage, which makes it stand out from the rest of the houses in the neighbourhood which all still have their original stone frontages. Duncan and Ruth have also discovered that Anthony is making ‘home-brewed’ beer and selling it to his friends and neighbours.

Advise Duncan and Ruth on their legal position in these circumstances.

QUESTION 3

In June 2010, Tristan Sethberg purchased Hallowed Hall, a large house set in its own grounds.  The purchase was financed by a loan from Findlater Bank plc which was secured by a legal charge in the Bank’s favour and registered in accordance with the provisions of the Land Registration Act 2002.

In January 2011 Tristan married Wendy and she moved into occupation of Hallowed Hall, but the property remained in Tristan’s sole name. In September2011, Tristan was experiencing financial difficulties and he borrowed £50,000 from Shoddy Bank plc to finance repairs to Hallowed Hall and to pay off some of his business creditors.  The loan was secured by a duly registered second charge over the property.

Tristan’s financial circumstances have now deteriorated further and he has left the country to avoid his creditors, leaving Wendy in occupation of the premises. The mortgage repayments are not being met

Advise Wendy on her position in relation to the following points:

(a)    whether she can resist a claim by either Findlater Bank or Shoddy Bank for orders for possession and/or sale, and, if so, on what grounds
(b)    if she is unable to oppose an order for possession and/or sale, what is the position if Shoddy Bank obtain possession and/or sell the property
(c)    if she is unable to oppose an order for possession and/or sale, what is the position if Findlater Bank obtain possession and/or sell the property

Criteria for Assessment

Your work will be marked against the following criteria (for further details see attached grid):
•    Depth of Knowledge (30%)
o    How well do you show that you know the subject and in what depth and detail
•    Application of Theory (30%)
o    How well you can apply the content you have learnt during the course to the brief given
•    Critical Analysis (30%)
o    How well you show you have weighed up options, why you have chosen what you’ve chosen and how well you explain your reasoning
•    Academic Rigour (10%)
o    Your grammar, spelling, punctuation, referencing and following of academic writing criteria at undergraduate level (level 4)

Full Marking Scheme:

Marking Scheme (Value 70% of the module grade) Please also see guidance notes.
Depth Of Knowledge
(30%)    Application Of Theory
(30%)    Critical Analysis
(30%)    Academic Rigour
(10%)
0% – 19%    Not making sense, and showing little or no knowledge of subject matter    No evidence of application of theory to specific requirements of assignment    No analysis of any value    Not making sense, very poor use of grammar and spelling

20% – 39%    Very superficial knowledge of subject matter shown    very little evidence of application of theory to specific requirements of assignment    Little real analysis of any value    Some sense but difficult to follow

40% – 49%    Largely superficial but with some areas of depth    Small amount of evidence of application    Some analysis with reasonable depth of understanding    Poor use of grammar and English leads to poor coherence There will be spelling and grammatical mistakes and/or inappropriate use of verbs.  Some attempt at structure of essay writing.
50% – 59%    Good knowledge demonstrated of most of the main areas covered in sessions and exercises    Several good examples of evidence of application provided    Some solid and well founded analysis    Good grammar and report structure.  Some good paragraphs and sentence structure. There will be spelling and grammatical mistakes without detracting from overall meaning.  Must have introduction, main body and conclusion
60% – 69%    Good analysis of knowledge gained to date viewed from some different perspectives    Range of theories appropriately included and applied well    + synthesis of ideas and either learning or critical evaluation    Good grammar and report writing skills.  Good use of paragraphs, good sentence structure, grammar and spelling but some mistakes without detracting from overall understanding.  Good essay writing and good use of language  writing style,
70% – 79%    + Awareness of areas of deep knowledge and weaker areas that require improvement are clearly identified.    Good range of theories considered with some evaluation/ justification for preferred theory    + relevant reflections showing synthesis, learning AND critical evaluation    Coherent and fluent essay throughout but may have few very minor grammatical or spelling mistakes which does not detract from flow of the report at all.  Excellent essay structure, some area of weakness in one area only
80%+    + Knowledge gained is critically evaluated    Excellent range of theories and experiences considered with full evaluation / justification for preferred theory    +Inspired development of highly original idea(s) and / or plans    Coherent throughout and excellent report writing skills.  No spelling or grammatical mistakes.  Excellent use of paragraphs and sentence structure.  Excellent structure of essay

Submission Guidelines
What you need to submit = 1 X ELECTRONIC COPY (via Moodle) of your report (Turnitin link).
Late Submission
Note that
•    If you hand in LATE your overall mark will be penalised in line with standard University Penalties (i.e. 0%)

Penalties for late work
Normal penalties for late/ none submission apply:
–    Work that is submitted late, without an extension or deferral having been granted, will receive a mark of ZERO (students MAY be eligible for a resit attempt)
–    Work that is not submitted will be recorded as ABSENT- students will NOT be entitled to resit the module. THIS MAY HAVE VERY SERIOUS CONSEQUENCES.

If you are unable hand your coursework in by the required deadline and are eligible for an extension or deferral you must contact the departmental office (02477 659612, 659605) or your level tutor as soon as possible and BEFORE the date the work is due.

Plagiarism

When you submit your work via Turnitin you are making a declaration that your work is your own independent piece of work, not produced in collusion with a fellow student (i.e. your work should not be similar to any other students) or plagiarized (copied) from a fellow student or a web site or a text book or any other information source. When referencing sources of information (books, journals or web pages) make sure you use the correct University Oxford (OSCOLA) referencing system

Please note that Turnitin will compare your work with material from the Web and from submissions from other students.

IT IS VERY IMPORTANT THAT YOU DO NOT CUT AND PASTE MATERIAL FROM THE WEB OR OTHER SOURCES, ALWAYS PUT THE MATERIAL INTO YOUR OWN WORDS.

Things to include :

1.    Easements

a)    Equitable easement

Distinguish between lease, easements and license

Inclue cases

B) legal easement because its created by deed …..it says right of foot only .on deeed ..soo only used for that ..not parking

b)    Right to light easmene t …..s3 of prescription act 1982 …..remedies include inunctions specific performance

2.    Restrictive covenants and positive covenants

Remedies injunction  ..sopeific performance ..damages

Common law and equity rules in powerpoint #
(week 5_)

3.    Mortgages
Overriding interest
Occupational rights – family law act 1996