LAND LAW: Either: ‘Of course, it is necessary for conveyancing to be made as easy as possible, and for purchasers to be protected. However, this should not be at the expense of beneficial interests.’ Custom Essay

Discuss, with reference to actual occupation
Or: ‘Of course, it is necessary for conveyancing to be made as easy as possible, and for purchasers to be protected. However, this should not be at the expense of beneficial interests.’
Discuss, with reference to City of London Building Society v Flegg [1986] Ch 605 and [1988] A.C. 54
Word Limit: 3500, excluding footnotes, case list, and bibliography. However, don’t abuse the footnotes, as final discretion on word limit rests with the markers!
Some advice: Answer the question! It is not enough to ramble on about the general area covered by the question. Be specific, and try to make an argument. In order to do this, read. Read cases (don’t rely simply on text book accounts) and other relevant materials and articles. Use the ‘further reading’ recommendations in the relevant McFarlane chapters to get your research started.
Also: don’t pay too much attention to what other students are doing. It is fine to do some work together (remember the plagiarism rules, though!), but don’t be sucked in by the inevitable student rumour mill!
DETAILED ASSESSMENT INFORMATION
TACKLING PROBLEM QUESTIONS
There is no single correct way of answering a problem question. You may have already developed a method that is right for you. The aim is to produce an answer that is organised, well structured and that follows a logical sequence setting out the relevant information that answers the question. One method is called IDEA. Identify, define, explain and apply.
Identify: A problem question is drafted in such a way that each fact has a legal consequence. Read the question and analyse its contents. Who are the parties, what estates or interests do they hold, if any? Is title to the land registered or unregistered? Construct a chronology for the events using a time line diagram if appropriate – you will be shown how to do this at the workshop. What are the legal principles and issues involved? What do the parties want? You may find that you can reach preliminary views at the stage but not as yet a final conclusion.
Your initial analysis can form the basis of your opening paragraph. In your first paragraph you can introduce the abbreviations you intend to use in your answer. For example refer to the Law of Property Act 1925 in full followed by (LPA 1925). Abbreviate the parties’ names to initials. Also set out any assumptions you are making, for example if a deed has been used to create or convey an estate or interest in land and there is no indication in the question that this has not been done correctly say that you answering the question on the assumption that the formalities of the LPA 1925, ss. 52, 53 and LP(MP)A 1989, ss. 1 and 2 have been satisfied.
Define:After having outlined what the question is about you need to deal with anything that needs to be defined. In the examples above the issue is whether the estates in question are leases (or more properly tenancies) or licences. Define both of these things and what hallmarks you would expect to see which would indicate which one they are. There are cases that set out the general principles of what constitutes a rent, a term and exclusive possession. What do you need for a valid contract? At this stage you are not deciding whether about the grey areas, that comes under the next heading of “Explain”. Here you are describing the general law and principles.
Explain:This is where you deal with the grey areas of the law that have come up in the problem question. To do this well you will need to refer to case law to illustrate the points you make and to articles or other written material that further analyse and expand on the issues.
Apply:Do not forget what the question is asking you to do – advise. Until you have done this you haven’t fully answered the problem. In your final paragraph you set out your conclusions after having considered the law, as you have seen in judgments, this is where you apply the law to the facts. You should not need to repeat anything you have already said so you can begin this paragraph along the lines of “In the light of the above, I would advise X …” or use a heading. Do not be afraid of using headings throughout your answer, judges do. For example “Advising X”.
REFERENCING
Good academic practice requires that you provide full and proper references for all materials that you make use of in your written work. Any reference to ideas or material from other sources (including internet sources), whether in the form of direct quotation or paraphrasing must be acknowledged using properly formatted referencing style.
You are welcome to use the referencing style of your choice, provided that you are consistent (i.e., don’t mix and match styles) and the style is recognized in the academy (e.g. Harvard, MLA, Chicago, etc.).

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