Property Law

Learning outcomes
A1: an understanding of the principles underlying the system of land ownership in England and
A2: an analysis of the importance of third party rights
B1: analyse a problem involving the wide variety of interests that can exist in land
B2: identify the relevant legal principles and assimilate the factual and legal material
B3: resolve a problem using logical conclusions based on those principles to present a reasoned
personal view to a client or employer
C1: identify and retrieve information from materials provided and from sources they have identified
themselves through the work environment
C2: discuss the results of the research in an appropriate way within their submitted work
C3: organise their workload to complete relevant tasks within a set period of time
D1: identify and locate a range of information needed for solving any given problem.
D2: either individually or in groups, plan and execute the research needed, including organisation of
time to meet deadlines
D3: communicate effectively in English using relevant legal terminology in an appropriate
professional style
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You are to use the scenario below and advise Alice as detailed in the task section.
Alice recently bought Damson Cottage from Richard a semi-detached freehold house with a large
rear garden. Alice was particularly attracted to the property because of the potential to extend and
the lovely views from the rear of the property over the neighbouring countryside.
Damson Cottage originally formed part of Manor Farm, but was sold in 1999 when it was first
registered under its own separate title. Access to the property is via a shared private driveway
owned by Manor Farm. When it was sold, the 1999 Transfer contained the following provision:
‘And the Purchaser for himself and his successors in title hereby covenants with the Vendor
and his successors in title that he will perform and observe the following stipulations:
1 No external alterations whatsoever shall be made to the premises without the written
consent of the Vendor such consent not to be unreasonably withheld; and
2 To contribute a fair proportion according to user of the cost of maintaining the private
driveway leading to Damson Cottage.’
Following the death of the 1999 seller, two years ago, Manor Farm has now been sold to Mike.
Advise Alice on her legal position in respect of the following:
a Alice has just discovered that Lily, who is a landscape gardener, lives next door. For
some time she has parked her van and stored materials used for her business on
part of the rear garden of Damson Cottage. Then she erected a wooden fence
around that part to incorporate it into her garden. Lily is refusing to remove the fence
and the materials.
b Simon who lives next door intends building a two-storey rear extension to his house.
Alice objects to the plans for three reasons:
• the work will include cutting into the wall which is shared with her house;
• the gutters on the proposed extension will slightly overhang Alice’s property;
• the proposed extension will block the view from and reduce the light to her garden
and kitchen window.
Simon is refusing to change his plans saying that he is entitled to do what he likes
with his own property.
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c Charles whilst on a visit to Damson Cottage found a box of very old coins buried in
the garden. He claims that he is entitled to keep them.
d Alice wishes to erect a single-storey extension at the rear of the property which she
intends using as her office for her new internet business selling leather accessories.
She has recently received a letter from Mike reminding her that his consent is
required under the covenants to any external alterations and seeking a contribution to
the cost of the recent resurfacing of the shared private driveway.
Marking Criteria:
You will be marked using the standard marking rubric attached.
Give legal advice rather than practical advice. Use objective, impersonal formal language.
Do not produce your answers in the style of a letter or report unless you are specifically
asked to do so.
When answering legal questions you should firstly identify the issues, then explain the legal
principles and finally apply those principles to the question. Your final paragraph should
summarise the points made in your answer and draw any conclusions from them. Your
answers should be properly founded on case law and or statutes and further challenged and
tested via expert legal opinion delivered from legal commentaries in law journals etc. The
use of legal journals and published opinion is encouraged to help support and justify your
findings. When you state a legal rule refer to the decided case and /or statute from which it
comes. When referring to a decided case the important thing is to state the court’s decision
and the reason for that decision and show how it applies to your answer.
You should use the full names and dates of cases and statutes when first mentioned.
Subsequently they may be abbreviated.