Land Law
\nLand Law encompasses to a wide range of legal principles that you must understand when considering a land law question. You may be familiar with many of the topics we will cover from your own everyday use of land, such as easements (the right to cross land belonging to another) mortgages and how to transfer land you own to another.
\nThroughout this module we will consider the rich historical background associated with land law which is a mix of common law, statute, policy and practice which is rarely seen in other legal disciplines.\u00a0
\nThis module is sequenced in order from one module to the next. It is recommended that you navigate through each module in order as a class, following the weekly schedule. Module materials include reading assignments, lectures or presentations, images, watching videos, writing assignments, discussion forums, and quizzes and tests. All activities will be submitted digitally. The primary modes of communication will be email, announcements, and discussion forums.
\nInterpret what \u2018land\u2019 is and explore the definition and meaning of the same (MLO 1 and 4)
\nCompare the differences between corporeal and incorporeal hereditaments (MLO 2)
\nDifferentiate between legal and equitable interests in land (MLO 2)
\nOnline Lecture Material:\u00a0 Read and listen to the online lecture material on the following topics.
\nMines and Minerals \u2013\u00a0(WO 1 and 2)
\nCorporeal hereditaments and incorporeal hereditaments, including fixtures and chattels \u2013\u00a0(WO 2)
\nTenure, including legal and equitable ownership \u2013\u00a0(WO 3)
\nHow to acquire and dispose of legal and equitable rights in land\u00a0\u2013 (WO 3)
\nDiscussion on fixtures and chattels\u00a0(WO 1,2)\u00a0
\nMCQs on \u2018what is land\u2019\u00a0\u2013 (WO 1,2,3,4)\u00a0DUE: Day 7
\nAn essay question based on corporeal and incorporeal hereditaments\u00a0\u2013 (WO 1 and2 )
\nM.Iljadica, Is a sculpture \u201cland\u201d. \u00a0Conv. 2016, 3, 242-250\u00a0(Links to an external site.)
\nR. Crozier, Upwardly mobile \u2013 can a mobile home be a dwelling? L. & T. Review 2011, 15(5), 174-177
\nRead the one of the following early in the week to help you respond to the discussion questions and to complete your assignment(s).
\nRequired Textbook Readings:
\nBray, J, Unlocking Land Law (6th edn, Routledge 2019)\u00a0Ch 1.\u00a0\u2013 (WO 1,2 and 3)
\nDixon, M, Modern Land Law (11th edn, Routledge 2018)\u00a0Ch 1.\u00a0\u2013 (WO 1,2 and 3)
\n1.2: Micro-lectures 1 and 2
\n1. Basic Principles of Land and
\n2. Hereditaments
\nTask 1.1
\nExplain the following topic: Basic principles of land
\nReflect on the following:
\nlink any of these basic principles to your everyday use of land
\nExplain the following topic: Hereditaments
\nTask 1. 2
\nIs there anything you can see that could be a corporeal hereditament? If so, which type \u2013 a fixture or a chattel?
\nState any way in which you use or access land that could be an incorporeal hereditament?<\/p>\n
what is a fixture and a chattel, is it time that the definition of \u2018land\u2019 is updated and made explicitly clear, or would it be too difficult to encompass into one distinct definition?
\nWhat does an MLO do?
\nCompare the differences between corporeal and incorporeal hereditaments (MLO 2)
\n\u201cCorporeal hereditaments\u201d means\u00a0physical or tangible objects\u00a0(e.g. buildings); \u2022 \u201cincorporeal hereditaments\u201d are various intangible rights associated with. the land (e.g., the benefit of a right of way, or the benefit of a restrictive covenant over the land of another).
\nDifferentiate between legal and equitable interests in land (MLO 2)
\nWhat is the difference between legal and equitable interest in land?
\nMines and Minerals \u2013\u00a0(WO 1 and 2)
\nWhat is meant by mines and minerals?
\nCorporeal hereditaments and incorporeal hereditaments, including fixtures and chattels \u2013\u00a0(WO 2)
\nTenure, including legal and equitable ownership \u2013\u00a0(WO 3)
\nHow to acquire and dispose of legal and equitable rights in land\u00a0\u2013 (WO 3)
\nMCQs on \u2018what is land\u2019\u00a0\u2013 (WO 1,2,3,4)\u00a0DUE: Day 7
\nAn essay question based on corporeal and incorporeal hereditaments\u00a0\u2013 (WO 1 and2)\u00a0DUE: Day 7
\nTask 2 Introduction
\nIdentify legal estates, legal interest and equitable interest in both unregistered and registered land (MLO 2)
\nConsider the process of creating a registered estate (MLO 1)
\nClassify the types of interest that has arisen (if any) and whether a subsequent purchaser will continue to be bound by this (MLO 4)
\nExplain how a subsequent purchaser could be protected from any unknown third-party rights (MLO 3
\n2.1
\nUnregistered Land \u2013\u00a0(WO 1,2,3 and 4)
\nRegistered Land \u2013\u00a0(WO 1,2,3 and 4)
\nI do not believe the Land Registry will achieve their aim of having all land registered by 2030 because\u2026\u2026.\u00a0\u2013 (WO 1,2)
\nIs there an argument that the automatic operation of overreaching, by payment of money to two or more trustees, under s.27 LPA 1925, without consideration of the personal circumstances of the parties to be balanced against those of the purchaser, could be vulnerable to an Art. 8 challenge?
\nDo you believe the land registration system is fit for purpose or is there still an issue with overriding interests that could be resolved?<\/p>\n
Explain the process of transferring a registered estate (MLO 2)
\nIdentify solutions when faced with a problem on the transfer of a registered estate (MLO 3)
\nThe freehold estate\u00a0\u2013 (WO 1 and 2)
\nHow to transfer the freehold estate\u2013 (WO 1 and 2)<\/p>\n
Do you believe the contractual provisions are clear on permitting electronic signatures?\u00a0
\nIf not, should these be changed and what could be the benefit of this?
\nWhat could be the risks?
\nR. Hewitson, \u2018Electronic\u00a0signatures\u00a0and contracts for the sale of land\u2018.\u00a0Conv. 2021, 2, 120-12 Westlaw Article; R. Hewitson\u00a0(Links to an external site.)
\nM. Pawlowski and J. Brown, \u2018Sale of land and personal property: the purchaser as beneficial owner?\u2019 Tru. L.I. 2020, 34(2), 63-73 Westlaw Article;<\/p>\n
1. The freehold estate
\n2. How to transfer the freehold estate
\nShould conditional and determinable fee simple be abolished completely?
\nExplain the following topic: How to transfer the freehold estate.
\nCould (or should) the contract for the sale of land be simplified?
\nSpecific performance and the sale of land
\n1 Why is the availability of specific performance as a remedy to a seller or a buyer of particular importance?
\n100 words in length
\nQ 4
\nIdentify the essential characteristics of a lease (MLO 2)
\nDifferentiate between a lease and a licence (MLO 2)
\nExplain the Landlord and Tenant obligations under the lease (MLO 1 and 3)
\n4.1
\nThe essential characteristics of a lease\u2013 (WO 1,2)
\nLandlords obligations under a lease \u2013 (WO 3)
\nTenants obligations under a lease and termination of a lease \u2013 (WO 1,2,3<\/p>\n
1 . Is the law relating to obligations between landlord and tenant too heavily biased in favour of landlords?\u00a0\u00a0<\/p>\n
1. The essential characteristics
\n2. Landlords Obligation
\n3. Tenants obligations and ending the lease
\n.1
\nThe essential characteristics of a lease.
\nWhy it is important to determine between a lease and a licence
\nexplain the following topic: The landlords\u2019 obligations under the lease
\nDo you think these obligations are sufficient or should there be greater duties placed upon landlords?
\n4.4
\nExplain the tenants obligations under the lease and bringing a lease to an end.
\nShould greater action be taken against a tenant who breaches these obligations
\nShould the process of ending a lease and gaining possession of the property be simplified?
\nQuestion:\u00a0
\n\u201cAre the obligations for repair placed upon landlords sufficient or should there be greater duties placed upon them?\u201d 150 words in length.<\/p>\n
Identify the necessary requirements to create a valid easement (MLO 2,3)
\nCharacterise the key elements of an easement (MLO 1,2,3)
\nThe essential characteristics\u00a0(WO 1 AND 2)
\nHow to create an easement\u00a0(WO 1 AND 2
\nPractice MCQ in preparation of your exam this week<\/p>\n
Do you agree with the Law Commissions recommendations to abolish implied grants by way of necessity and through the rule in Wheeldon v Burrows?
\nWould their recommendations in place of this make it easier or more difficult to argue the existence of an easement?
\n5.2 1. The essential characteristics and
\n\u00a0 2. How to create an easement
\nAre you aware of the use of any easements in your day-to-day life?
\nCan you identify the links to the information considered?<\/p>\n
Question:\u00a0Do you believe there should be a fixed list of easements that can be created in the future?<\/p>\n
Analyse how a third party can informally acquire a legal estate in land (MLO 2 and 3)
\nEvaluate the role of adverse possession in English Land Law. (MLO 1 and 4)
\nShould the concept of adverse possession simply be abolished?\u00a0(WO 1,2)<\/p>\n
What arguments are there in defence of the concept of adverse possession?
\nCan these arguments been used equally to both registered and unregistered land?\u00a0
\n6.21. The essential characteristics and
\n\u00a0 \u00a02. Which law to apply
\nExplain the following topic: The essential characteristics of adverse possession
\nexplain the following topic: The relevant time periods and which law to apply
\nDo you feel the changes made by the Land Registration Act 2002 were sufficient to protect a landowners interest?
\n\u00a0
\n7.0. Mortgages
\nWould further restrictions on a mortgagees remedies to enforce mortgages simply reduce their willingness to lend at the loan to value rates they are currently?
\nWhat would happen to the economy if there were less mortgages available?\u00a0
\nExplore the key features of how a third party can acquire a legal mortgage (MLO 1,2,3)
\nConsider why equitable mortgages can be created (MLO 1,4)
\nApply the rights and remedies of the legal interest holder (MLO 4)
\n7.0 mortgage, mortgagor, mortgagee
\n\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 2. Rights of the mortgagor
\n7.0. 1 Does the law on mortgages currently fit with current economic realities? Please give reasons for your answer. (WO 1,2,3)\u00a0
\n1. What is a mortgage
\nShould the creation of equitable mortgages be abolished?
\nDespite the change in the relationship between the mortgagor and the mortgagee to a more contractual one, does the mortgagee still have the upper hand when entering into these legal agreements
\n2. Explain the following the rights of the mortgagor
\nDespite the change in the relationship between the mortgagor and the mortgagee to a more contractual one, does the mortgagee still have the upper hand when entering into these legal agreements?<\/p>\n
Despite the change in the relationship between the mortgagor and the mortgagee to a more contractual one, does the mortgagee still have the upper hand when entering into these legal agreements?
\nQuestion:\u00a0Does the law on mortgages currently fit with current economic realities? Please give reasons for your answer. \u00a0150 words
\nMake sure that you use the appropriate OSCOLA referencing throughout your response.<\/p>\n","protected":false},"excerpt":{"rendered":"
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