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1) The development of the law relating to covenants reflects a reluctance to bind successive owners of land with both positive obligations and negative restrictions. Critically analyse this statement.
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Land Law Individual Coursework 2017-2018
Answer ONE of the questions below :
1) The development of the law relating to covenants reflects a reluctance to bind successive owners of land with both positive obligations and negative restrictions.
Critically analyse this statement.
2) Nula, Olga, Penelope and Quentin are work colleagues who share a passion for amateur opera. They decide that they would like to open a small amateur opera company that will give concerts to members of the public so they look for a suitable property in which they can all live and run their company, while keeping their current jobs. If the company is a success, they intend to move to larger premises in due course and focus on the business full time.
They find a property that has enough living space and a wonderful private garden and agree to purchase as joint tenants. Nula pays 30% of the purchase price. Olga and Penelope pay 25% each and Quentin pays the remaining 20%. They have been living and working at the property for five years quite happily but the following recent events have occurred:
Nula feels that her creative talents are not being used well at the amateur company and she wants to undertake professional training so that she can make a career as a professional opera singer. She will need to raise the money to pay for the training which is based in Italy so she mortgages her share of the property.
Olga was handling all the electrical systems for the company, even though she had no qualification to do so. On a particularly wet day, she is in the garden fixing the lights for the next performance but forgets to switch off the electrical supply and receives a massive electric shock which kills her outright. She had made a will leaving her share of the property to her niece.
Penelope, devastated by Olga’s death, decides that she would like to leave the house. She writes a note to the others which she places on the kitchen table. Nobody else sees the note.
Quentin begins talking to Nula about selling his share to her. Nula thinks that in the long run, she would make money from this if the price is right. She has given Quentin a figure for his share and believes that this is the end of the matter. Quentin waits for some time but then asks to re-open negotiation on the price.
Advise the parties of the effects of these circumstances on their property rights.
3) Whilst some key elements required to found a claim remain the same, the reality is that the Land Registration Act 2002 has made a successful claim of adverse possession very challenging in registered land.
Critically analyse this statement.
Your work will be marked in accordance with the Kingston Law Department grading criteria. In accordance with module learning outcomes, your CW should demonstrate your ability to:
locate and use relevant legal resources
demonstrate a critical understanding of relevant legal developments, doctrines and principles
apply, in a critical and analytical manner, the law of property in either problem question or essay format
Remember, the three key components to any CW are content, structure and presentation.