Written Assignment – Essay and Scenario/Problem Questions

Assessment task

details and instructions
There are two sections to this assignment.
Section A is made up of three essay style questions.
Section B is made up of three scenario/problem style questions.
You are required to answer three questions in total.
You must answer one question from Section A and one question from Section B.
You must also choose a third question from either Section A or B.
Your answer must be fully research informed and referenced as per OSCOLA, help and guidance
is available via the following link: https://www.salford.ac.uk/skills-for-learning/home/using-and-
referencing-information/referencing
Section A – Essay Style Questions:
All questions in this section carry equal weighting
1. The ‘fundamental objective’ of a land registration system is the fact that it represents ‘...
a complete and accurate reflection of the state and title of the land at any given time...’
Law Commission, Land Registration for the Twenty-First Century: A Conveyancing
Revolution (Law Com No 271, 2001) para 1.5.
Critically discuss whether the ‘fundamental’ objective’ has been achieved with
reference to case law and academic commentary.
2. The Land Registration Act 2002 made significant changes to law relating to adverse
possession. The changes implemented mean that adverse possession is now a concept
without significance.
Critically discuss this statement with reference to case law and academic commentary.
Assessment Information/Brief
23. The law on easements is in need of reform.
Critically discuss this statement with reference to case law and academic commentary.
Section B – Scenario/Problem Style Questions:
All questions in this section carry equal weighting
1. You are a paralegal in a land conveyancing firm and your client Esther wishes to purchase
the following property: 123 Fake Road, Salford, North Manchesterton, M4 3XW. As her
conveyancer you have downloaded the Office Copy Entry (“OCE”) for this property from
the Land Registry which details the Property Register, Proprietorship Register and
Charges Register for this property. The Title number for this property is ABCD1234, and a
copy of this OCE can be found at Appendix A of this assignment brief on pages 7-9.
Esther has also informed you that she has been to view the property, and in addition to
Mr & Mrs Webb (the current proprietors) being present, Mr Webb’s mother was also
present at the property. Mr Webb’s mother had her own bedroom with many personal
artefacts in the room. Upon some discreet digging, Esther uncovers that Mr Webb’s
mother loaned Mr & Mrs Webb £25,000 for their deposit.
You are required to explain the OCE to your client Ester. In doing so, you should make
her aware of:
o Any third party interests she may be bound by in purchasing this property;
o What it means to be bound by these third party interests;
o If there are any interests in the property which may not be explicitly registered
on the OCE;
o And if, should she go ahead with the purchase, she would be able to circumvent
being bound by any of the interests you have highlighted.
Assessment Information/Brief
32. In January last year, Ahmed (A), Beenish (B), Chioma (C), Dexter (D) and Edmundo (E),
who are all lecturers at Salfordshire University, decide to pool their financial resources
together to jointly purchase a house nearer to campus to reduce the time it takes for
them to commute to work. A contributes 50% of the purchase price. B contributes 25%
of the purchase price. C contributes 15% of the purchase price. D and E contribute 5%
each to the purchase price.
The conveyance purported to convey the land to A, B, C, D and E as Joint Tenants in both
Law and in Equity.
Over the year the following, awfully morbid, events occurred:
o In February, having just moved in, A decided he had made a mistake. He wrote a
letter to the other tenants detailing that he ‘had to think things over’ as he was
worried he had moved in too hastily. He also said he was moving back into his
parents’ house for a bit while he thought about his decision. All of the remaining
tenants read the letter and were aware of A’s decision to move out. While A was
moving his boxes into his parents’ house, he tragically fell down the stairs,
breaking his neck in the process and died. A’s daughter Fatima (F) is named as the
sole beneficiary of A’s estate in A’s will.
o In May, B who had fallen behind on her credit card repayments, has a County
Court Judgment awarded against her ordering her to repay her debt in the sum of
£100,000. The debt is secured against her interest in the property by way of a
Charging Order.
o In July, C who is short on cash, offers E the opportunity to purchase her ‘share’ in
the property for £100,000. E agrees and the necessary paperwork is completed so
that E has successfully purchased C’s interest in the property.
Assessment Information/Brief
4o In September, E receives a terminal diagnosis and is told to get his affairs in order.
He writes a will leaving everything he owns to his son Georgio (G). He passes
away the second his pen leaves the signed will.
Explain the devolution of the LEGAL and EQUITABLE estate of the property.
You must explain both the legal and equitable position as a result of each event which
occurs and confirm the final position
3. Esteban has recently purchased a small but quaint cottage in Norfolk called ‘Gnome
Nook’. The previous owner Julie left a number of items behind in the cottage and is now
claiming she has the right to retrieve them from Esteban. The items in question are
detailed as follows:
a. 100 garden gnome ornaments in a range of different sizes. Collectively, all of the
garden gnome ornaments together create a very enchanting ‘woodland’ theme to the
cottage, which is what Esteban fell in love with about the cottage, and is the reason
the cottage is named ‘Gnome Nook’.
b. Julie was an editor for a newspaper in her early days and in the basement of the
cottage there is a free-standing printing press machine. It is not bolted to floor, but it
is still connected to the power source and is extremely heavy.
c. In the living room, there are two custom sized tapestries which hang by nails in
recesses which have been cut into the wall. It is clear that the recesses in the wall
have been carved out to match the custom sizing of the tapestries which hang in
them.
d. In one of the bedrooms, attached to the walls are several vintage posters of the band
Assessment Information/Brief
5‘Take That’ and some ‘Take That’ themed curtains are hanging up. In the adjoining en
suite there are also taps and plugs all shaped and printed to look like the heads of the
members of ‘Take That.’
Advise Esteban as to who has the best claim to the items in question.
Note:
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