Property Law Essay
This is an essay on property law. It is split up into 4 different sections. I will upload a file covering the entire assignment, along with a 2:2 example paper.
The paper is as follows:
Property 1 Coursework Task 2016 – 2017
As you are now aware, when someone owns land in England they do not strictly own the land itself, but instead they will own an ‘estate in land’. Under s. 1(1) of the Law of Property Act 1925 (‘LPA 1925’) there are only two possible legal estates in land. These two legal estates in land are:
a. an estate in fee simple absolute in possession (i.e. a freehold estate); and
b. a term of years absolute (i.e. a leasehold estate)
You should also be aware (from Topics 3 & 16 in particular), that there is an important distinction between property rights and those which are merely contractual. In land law an important distinction is drawn between leases (which are proprietary) and licences (which are contractual and not proprietary). This coursework focuses on the distinction between leases and licences and is in four parts:
a) Identify what you consider to be the leading case on the distinction between leases and licences. Provide the case citation and state why, in your opinion, this is the leading case. [Suggested words: around 100].
b) Identify a subsequent case in which your leading case was relied on in considering the distinction between leases and licences. Explain how the court used the leading case in the subsequent case (if there is little to say about this, you may want to choose a different case). Explain and analyse any similarities and distinctions which the court found between the leading case and the later one relying upon it. [Suggested words: around 400].
c) Having considered primary sources (in the form of cases), we now want you to move on to a secondary source. Identify a journal article on the lease/licence distinction and summarise and analyse the key arguments of the author. [Suggested words: around 750].
d) Finally, you should also include a short reflective section on the process by which you identified the two cases and the article in (a) – (c). Think about other methods you could have used to identify them, why you chose the method(s) you did, and the strengths and weaknesses of the research process you used. [Suggested Words: around 250].
The word limit is 1500 (excluding sourcing). The citation is needed it OSCOLA.
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