For many years Tom and Claire held the registered freehold title to Mount Farm
in" rel="nofollow">
in Essex (‘the farm’) as jo
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int tenants. Last week, Tom and Claire decided to retire from the farm
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ing bus
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iness and they sold and transferred the farm to Walter for a sum of £8 million. Walter lives
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in California and is a property
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investor.
Dur
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ing the time of Tom and Claire’s ownership of the farm, they granted certa
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in rights and
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interests to various friends, family and neighbours,
viz:-
- In January 2002, Tom and Claire by Deed granted a neighbourin" rel="nofollow">ing farmer Ahmed a right of vehicular access by way of a short-cut across the farm to an adjoin" rel="nofollow">inin" rel="nofollow">ing main" rel="nofollow">in road, for a consideration of £500;
- In March 2005, Tom and Claire by a signed written agreement and in" rel="nofollow">in consideration of £1 gave their niece Amy the right to purchase the farm for the sum of £3 million on the givin" rel="nofollow">ing of one calendar month’s written notice, (within" rel="nofollow">in a time frame of 21 years);
- In May 2007, Tom and Claire allowed Tom’s sister Zana to move in" rel="nofollow">into the farm (takin" rel="nofollow">ing up permanent residence), whereby, at Tom and Claire’s in" rel="nofollow">invitation, Zana cleared the remain" rel="nofollow">inin" rel="nofollow">ing £10,000 owin" rel="nofollow">ing under a mortgage Tom and Claire then had. Zana also paid for the refurbishment of the farmhouse which was situated on the farm. This improved the overall value of the land by 5%.
- In December 2008, Tom and Claire by Deed gave their other neighbour John the right to store his collection of marble statues in" rel="nofollow">in the barn situated at the farm, for a consideration of £1,000.
- In 2014, Tom and Claire allowed Claire’s brother Derek to live in" rel="nofollow">in the second largest bedroom at the farmhouse situated on the farm for a fee of £10 per week.
Neither Ahmed, Amy, Zana, John nor Derek have attempted to protect their rights by registration and they have only just discovered the sale of the farm to Walter.
Advise Walter as to the extent to which he will be bound by the rights of Ahmed, Amy, Zana, John and Derek.
Hand-
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in Date: 23.1.17
1,500 words
(Content
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in footnotes is
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included
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in the word count with the exception of citations and references to sources (
e.g., cases, statutes, journal articles, books,
etc). In other words: if it's not a citation/reference then it's
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included
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in the word count. The revised LLB student handbook will conta
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in further guidance).
Aston Law Assessment Criteria
Here you will f
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ind a copy of the Aston Law Assessment Criteria. Every piece of coursework and every exam answer is assessed aga
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inst the rubrics that you f
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ind here. As such, it is important that you read and understand the different levels of performance. It can sometimes be useful for you to assess your own work aga
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inst the Assessment Criteria and then compare it to the comments given by the person mark
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ing the assessment.
| Classification |
Mark |
RESEARCH
Systematic identification and in" rel="nofollow">investigation of appropriate sources. |
Indicator
|
| 1st |
Outstandin" rel="nofollow">ing
80%+ |
Outstandin" rel="nofollow">ing in" rel="nofollow">independent legal research, highly accurate with a sophisticated understandin" rel="nofollow">ing of the research material. |
8 |
| 1st |
Excellent
70-79% |
Excellent and extensive in" rel="nofollow">independent legal research, accurate familiarity with the material, and sound judgments. |
7 |
| 2:1 |
Very Good
60-69% |
Very good legal research, well-in" rel="nofollow">informed judgments made of relative value of connected in" rel="nofollow">information from a wide range of sources. |
6 |
| 2:2 |
Good
50-59% |
Good legal research skills are evident, accurate, appropriately categorised in" rel="nofollow">information from a range of sources. |
5 |
| 3rd |
Satisfactory
45-49% |
Satisfactory legal research, reasonably accurate and appropriately categorized from a range of appropriate resources. |
4 |
| Pass |
Pass
40-44% |
Adequate legal in" rel="nofollow">information has been gathered and documented from readily available sources. |
3 |
| Fail |
Fail
30-39% |
Legal in" rel="nofollow">information presented does not relate sufficiently to task; may be evidence rudimentary research, selected sources may be in" rel="nofollow">inappropriate. |
2 |
| Fail |
Bad Fail
0-29% |
Little or no legal in" rel="nofollow">information presented and/ or wholly irrelevant content. |
1 |
| Classification |
Mark |
SUBJECT KNOWLEDGE
Identification, understandin" rel="nofollow">ing, application subject knowledge and underlyin" rel="nofollow">ing legal prin" rel="nofollow">inciples. |
Indicator
|
| 1st |
Outstandin" rel="nofollow">ing
80%+ |
An outstandin" rel="nofollow">ing contribution to the debate at this level. Outstandin" rel="nofollow">ing assimilation of in" rel="nofollow">information, development of a sophisticated argument. |
8 |
| 1st |
Excellent
70-79% |
Excellent subject knowledge, contributes to the subject debate by assimilatin" rel="nofollow">ing legal knowledge in" rel="nofollow">into a personal hypothesis (or in" rel="nofollow">indicates the begin" rel="nofollow">innin" rel="nofollow">ings of one). |
7 |