Property Law Essay
Property Law Essay
Order Description
This is an essay on property law. It is split up in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">into 4 different sections. I will upload a file coverin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing 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" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in England they do not strictly own the land itself, but in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">instead they will own an ‘estate in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in land’. Under s. 1(1) of the Law of Property Act 1925 (‘LPA 1925’) there are only two possible legal estates in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in land. These two legal estates in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in land are:
a. an estate in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in fee simple absolute in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">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" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in particular), that there is an important distin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inction between property rights and those which are merely contractual. In land law an important distin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inction is drawn between leases (which are proprietary) and licences (which are contractual and not proprietary). This coursework focuses on the distin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inction between leases and licences and is in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in four parts:
a) Identify what you consider to be the leadin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing case on the distin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inction between leases and licences. Provide the case citation and state why, in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in your opin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inion, this is the leadin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing case. [Suggested words: around 100].
b) Identify a subsequent case in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in which your leadin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing case was relied on in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in considerin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing the distin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inction between leases and licences. Explain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in how the court used the leadin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing case in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the subsequent case (if there is little to say about this, you may want to choose a different case). Explain" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in and analyse any similarities and distin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inctions which the court found between the leadin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing case and the later one relyin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing upon it. [Suggested words: around 400].
c) Havin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing considered primary sources (in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in the form of cases), we now want you to move on to a secondary source. Identify a journal article on the lease/licence distin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inction and summarise and analyse the key arguments of the author. [Suggested words: around 750].
d) Fin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">inally, you should also in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">include a short reflective section on the process by which you identified the two cases and the article in" rel="nofollow">in" rel="nofollow">in" rel="nofollow">in (a) – (c). Thin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ink 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 (excludin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing sourcin" rel="nofollow">in" rel="nofollow">in" rel="nofollow">ing). The citation is needed it OSCOLA.