Property/Land Law

“The register of title of any particular registered estate is …. intended to operate as a mirror, reflecting to potential disponees (and to any other interested persons) the full range of the proprietary benefits and burdens which currently affect the land. The register provides, in effect, a fairly accurate snap-shot of title at any given moment.”
(Gray & Gray: Elements of Land Law: 5th Edition page 190)

Evaluate the above statement, and make reference to decided cases in your answer.

This assignment must be submitted ONLINE ONLY via the Turnitin logo on the Moodle page for this module.

Please note:
1.     All work submitted after the submission deadline without an approved valid reason (see below) will be given a mark of zero. (This is not the same as a non-submission, as a late submission counts as an attempt and a mark of zero may allow you to resit the coursework.).
2.    Short deferrals (extensions) of up to two calendar weeks can only be given for genuine “force majeure” and medical reasons, not for bad planning of your time. Please note that theft, loss, or failure to keep a back-up file, are not valid reasons. The short deferral must be applied for on or before the submission date. You can apply for a short deferral by submitting an Examination/ Coursework Deferral Application Form. Application Forms along with the supporting evidence should go to the relevant Student Support Office ( GE 103) For a longer delay in submission a student may apply for a (long) deferral.

Word Length  1500 words              Maximum/ MinimumRange   150 words.

Learning Outcomes Assessed

1) Demonstrate an understanding of the principles underlying land law,
2) Critically analyse the principles of land law and relevant case law as applied in practice.
3) Demonstrate knowledge and understanding of proposals for reform (where applicable).

Assessment Criteria

1.    The student is expected to understand the principles and procedures in this area of law and to research and identify the developments in recent cases and statutes in the law relating to registered land.
2.    The student should understand and explain the varying decisions of case law, if appropriate
3.    The student MUST critically analyse the case law and determine whether the cases are appropriate to the question.
4.    The student must identify any perceived weaknesses in the current system of registered land.
5.    The student must consider whether such perceived weaknesses have a valid role to play in the system of registered land ownership.
6.    It is important that, despite the opinions of others you may find during your research, you explain this in your OWN words so that your understanding can be assessed.

Generally:

1.    It’s only 25% of your MM
2.    = only 1 in 4 of yr cwk mark goes into your MM! E.g. Actual mark 60% REAL mark 15%
3.    Aim to pass and do as well as you can
4.    Make the exam impt

Is it true that the registers are a “fairly accurate snapshot”?

Basic structure:
Beginning
Middle
and an end

Demonstrate:
Some understanding +
Don’t merely describe
That you have done some independent research (journals) + can incorporate it within 1,500 words!
1,500 words is the max. You DO NOT have to write the max if you are happy with your answer, e.g. at 1000/1,200 words (say).

Points:

Do the registers accurately reflect?
Why not?
LRA 1925 (now repealed): it starts here
How does LRA 2002 change things? If at all?
How can the registered system improve things (i.e. make ppty transfer simpler/cheaper) if it is flawed?
Where’s the flaw (if any?): OI’s
2 x e.g’s of OI’s: the interests of persons in actual occupation
And what about leases of 7 yrs. or less duration?
Why does the Act say this?
Discuss relevant case law –esp. any nuances. Read the judgements;
-were there any differences at the CA stage?
Do you agree with the reasoning?
Critique what you have read (this is much better than mere description)

Is there/can there be any justification for OI’s?

Is the mirror cracked?!