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Land Law

Question: ‘The law of proprietary estoppel has altered fundamentally the distinction
between licences and proprietary interests in land. To all intents and purposes, to make such distinctions is no longer practically necessary or theoretically justified.’


Answer: In recent years, the courts’ resort to proprietary estoppel as a means of resolving disputes over property has increased dramatically. Of course, this in itself is worthy of note, but it is...

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Details: - Mark: 70% | Course: Land law | Year: 1st | Words: 1465 | References: No | Date written: December, 2008 | Date submitted: March 27, 2009 | Coursework ID: 549

Question: To what extent is it possible to define the circumstances in which an occupier of land may make a successful claim of adverse possession against the title holder?

Answer: Adverse possession, squatting or limitation of actions as it is variously called, embodies one of the most fundamental principles of English land law; namely that a person may only own an estate...

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Details: - Mark: 69% | Course: Land law | Year: 2nd/3rd | Words: 2196 | References: No | Date written: October, 2009 | Date submitted: December 28, 2009 | Coursework ID: 557

Question: Discuss the operation of the Treasure Act 1996, the necessity to reform the ancient law of treasure trove and the successes/failures to meet the criteria to make it workable.

Answer: The Treasure Act of 1996 was brought into force on September 27, 1997 after many years of indecision, uncertainty and academic debate. This Act was designed to update and reinvent the law...

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Details: - Mark: 69% | Course: Land law | Year: 2nd/3rd | Words: 3705 | References: Yes | Date written: April, 2004 | Date submitted: October 20, 2008 | Coursework ID: 149

Question: Jim Hawkins purchases from Mrs Dunraven the fee simple in Hispaniola, a spacious property with large grounds located in Petertone- super- Michael, a quiet Glamorgan village. The title is registered.

When Hawkins moves in he discovers that William Bones, his neighbour, is claiming that he (Bones) has a right to cross the rear garden of Hispaniola. When Hawkins questions him as to proof of this, Bones replies and that he and his family have been doing so for many years and have always had an informal agreement with the owners of Hispaniola to do so

In the far corner of Hispaniola’s grounds, is a small cottage, Benbow Cottage and Hawkins subsequently discovers that Mrs Miggs, Mrs Dunraven’s cousin, hold a ten year lease of these premises

To the other side of Hispaniola, lies ‘Pieces of Eight’ a thriving antique business owned by Jonathan Silver, who is claiming that Hispaniola is subject to a covenant prohibiting business use. Hawkins, who has considered using at least of Hispaniola as luxury holiday lettings is dismayed by this

The main reason for Mrs Dunrven’s sale of Hispaniola was that she had ended her relationship with her boyfriend, Livesy. Livesy is claiming that he paid the deposit when Mrs Dunraven purchased Hipsaniola and is now seeking to regain at least some of this money

Advise Hawkins as to whether and on what basis he is bound by any of the above claims.


LLB Land Law, University of Liverpool

Answer: The question requires to determine whether the purchaser of the fee simple (freehold) property, Jim Hawkins is bound by the claims of right over land by William Bones, Mrs Miggs, Jonathan Silver...

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Details: - Mark: 68% | Course: Land law | Year: 2nd/3rd | Words: 3388 | References: Yes | Date written: December, 2013 | Date submitted: April 24, 2014 | Coursework ID: 865

Question: Land Law – Case study -

In 2008, Amanda sold her large farm, title to which is registered, to Barbara. At the time of purchase, Barbara’s solicitor made an official search of the register and obtained a clear certificate. Unfortunately, the search was carried out by an inexperienced clerk and failed to reveal a restrictive covenant correctly registered against the land for the benefit of the adjoining farm owned by Ralf.......................................
Barbara comes to you for advice as she wants to build an out-of-town super-
market on part of the site and, in any event, wants possession of the cottages.

Answer: When Barbara is registered as proprietor of the farm, the estate in the land is transferred to her statutorily and absolutely under s 58 of the LRA 2002. However, under s 29...

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Details: - Mark: 68% | Course: Land law | Year: 2nd/3rd | Words: 1364 | References: No | Date written: March, 2009 | Date submitted: November 02, 2009 | Coursework ID: 538

Question: Are there an significant differences between the creation and the operation of legal as opposed to equitable, leases and what are the effects of any such differences?

Answer: Under s 52 of the Law of Property Act 1925, all legal leases except those which are exempt under s 52(2) must be created by deed. This is the basic principle in...

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Details: - Mark: 68% | Course: Land law | Year: 2nd/3rd | Words: 2033 | References: No | Date written: February, 2009 | Date submitted: April 27, 2009 | Coursework ID: 544

Question: Land Law Case Study

Sorry Case Study Scenario Content Not Available

Answer: INTRODUCTION The central issue arising from the problem above concerns who has the right to live in the basement flat. M wants G to \'get out of his flat\' and wants to...

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Details: - Mark: 67% | Course: Land law | Year: 2nd/3rd | Words: 2061 | References: Yes | Date written: Not available | Date submitted: May 02, 2013 | Coursework ID: 791

Question: Was it necessary to reform the Land Registration Act 1925? Has the Land
Registration Act 2002 fulfilled the aims of the Law Commission?

Answer: The land registration system inaugurated by the LRA 1925 has been in operation in England and Wales for nearly 85 years, although it was not until 1 December 1990 that all land...

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Details: - Mark: 67% | Course: Land law | Year: 2nd/3rd | Words: 2186 | References: Yes | Date written: November, 2008 | Date submitted: December 07, 2009 | Coursework ID: 537

Question: ‘Street v Mountford creates a rule that the acid test for the existence of a tenancy is the presence of a grant of exclusive possession for a definite period of time, possibly but not necessarily involving rent.’ Discuss.

Answer: A lease is properly regarded as a proprietary right, an interest in land capable of binding third parties. Moreover, despite some suggestions to the contrary (for example, Errington v Errington and Woods...

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Details: - Mark: 67% | Course: Land law | Year: 2nd/3rd | Words: 1691 | References: No | Date written: March, 2009 | Date submitted: May 01, 2009 | Coursework ID: 545


Margaret and Doug, a married couple, have decided to embark on a new business venture, opening a pub and restaurant in a Yorkshire village. They have found an ideal, freehold building called Methley Hall, suitable for conversion in extensive grounds. The title is registered. However, Margaret and Doug require advice on a number of issues. A local brewery, Foxholes Ales, has offered Margaret and Doug a twenty five year mortgage which has a very competitive interest rate, but a number of limitations. First, Margaret and Doug would be restricted from redeeming the mortgage for twenty years. In addition it would be a requirement that Margaret and Doug only sell beer produced by Foxholes Ales during the term of the mortgage. Finally, if Margaret and Doug ever decide to sell the property Foxholes Ales want a right of first refusal (a right of pre-emption)........ Advise Margaret and Doug

Answer: To advice the parties the following law must be considered, mortgage, adverse possession and restrictive covenants. Santley v Wilde defined mortgage as ‘transfer of an estate or interest in land or other...

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Details: - Mark: 67% | Course: Land law | Year: 2nd/3rd | Words: 3293 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 48

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