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AC 1.1 Compare and contrast legal and equitable interests in land
LAW503: Land Law Assignment
Module Name
LAW503: Land Law
Assignment Name
LAW503: Land Law Assignment
Level
Level 5 Diploma in Law
Credits
30
Plagiarism and Collusion
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Collusion occurs when two or more learners submit work that is so alike in ideas, content, wording, and/or structure that the similarity goes beyond what might have been mere coincidence.
Referencing
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The learner must use an appropriate referencing system to achieve this. Marks are not awarded for the use of English; however, the learner must express ideas clearly and ensure that appropriate terminology is used to convey accuracy in meaning.
Please use the Harvard Style of Referencing throughout your work.
Appendices
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Confidentiality
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Word Count Policy
Learners must comply with the required word count within a margin of +10%. These rules exclude the index, headings, tables, images, footnotes, appendices, and information within references and bibliographies.
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Marking and Grades
The details of a standard marking rubric can be found at the end of this document. Unless stated elsewhere, learners must answer all questions in this document.
Submission of Assignments
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Assignment Question
Assignment - Total word count - 2,000 words
You are working for a law firm and have been asked to prepare notes on the following matters in relation to land law.
Task 1- 1000 words
Grace owns a pig farm in Lincolnshire which she has been running with her brother Graham. On Graham’s death in 2005, the ownership of the farm passed to her but she found it too much for her to manage alone. She speaks to her son Karl and asks him to move back home to help with the farm. Karl is working in Birmingham in an accountancy firm with prospects of partnership. Grace tells Karl that the farm will be his one day so it is in his interest to help keep it going. Karl gives up his £60,000 a year job and prospects of partnership and moves back to the farm. He lives rent-free in the farmhouse with Grace and works on the farm for a minimal salary. Karl also upgrades the farm over the next few years using his own savings as Grace tells him she has left it solely to him in her will.
In May 2019, Grace leased some of the farm`s land to Katia to run a riding school and has granted Katia permission to ride across the remaining farmland. Grace agrees to sell Katia the freehold of the land for £300,000. Katia wants to negotiate a lower purchase price but says she will buy the land as long as she can obtain planning permission for a house and new buildings for the riding school.
Grace dies in early June and in her will leaves the entire estate to the National Trust. Explain the nature of interests in real property and advise Karl and Katia whether they can enforce the arrangements made with Grace. In the case of Katia this would include the sale of land and continuing lease and licence rights that may exist.
Your notes should:
Compare and contrast legal and equitable interests in land. (AC1.1)
Differentiate between personal and proprietary interests. (AC1.2)
Explain different types of licences and ownership. (AC1.3)
Explain the meaning of proprietary estoppel. (AC2.1)
Analyse the conditions for its creation. (AC2.2)
Examine available remedies. (AC2.3)
Task 2 - 1000 words
Saskia is the registered freehold owner of a large estate which includes the Manor House, which is her home, Rose Cottage which she has been leasing to Naseem for the last three years and East field which is being occupied by Terrence who runs a fishing club. She used to also own West field which she sold some years ago to Tina who gained planning permission to build on the land and now lives there.
a) Rose Cottage is set in its own garden. There are no easements. Saskia gave Naseem permission to keep his motorbike outside the garden of the property on Manor House land that is not part of the lease. After an argument, Saskia told Naseem that he is no longer allowed to park his bike on the land.
b) East Field has been occupied and developed by Terrence as a fishing centre since 2005. He has improved the riverbank, planted hedgerows and trees and has recently erected a small wooden lodge which he runs as a café and fishing supplies shop. He has started charging for entry to the field. Saskia owns the land and the fishing rights. Terrence has occupied the land for some years at no inconvenience to Saskia and she has allowed this. Her son has encouraged her to evict Terrence from the land.
c) WestField was sold two years ago to Tina for her to build a house. As part of the sale, Saskia made and registered a covenant that allowed Tina to erect one, single-story property on the land and use it for residential purposes only. Saskia covenanted that she would keep the dry stone wall between the Manor House garden and West Field in good repair. Now Tina has decided to build a second storey on her house and an extension to open a tearoom to which Saskia objects. In addition, Saskia has allowed the wall to fall into disrepair. If she can’t build, Tina is considering selling the property.
You are required to consider:
Naseem’s right to park on the land outside the cottage garden
Terrence’s rights to remain on the land and Saskia’s rights in relation to the land.
The rights that exist to enforce the covenant in place relating to the West Field building and the boundary wall now and in the event of Tina selling the property.
Your notes should:
Explain the rules for the creation and acquisition of legal and equitable easements. (AC3.1)
Distinguish between negative and positive easements. (AC3.2)
Explain how easements are extinguished. (AC3.3)
Distinguish between positive and restrictive covenants. (AC4.1)
Explain how the benefit and burden run in law and in equity. (AC4.2)
Explain how freehold covenants are discharged or modified. (AC4.3)
Explain how adverse possession is established. (AC5.1)
Illustrate registered owners’ protection against adverse possession under the LRA 2002. (AC5.2)
Illustrate the advantages of registered proprietors in the context of adverse possession. (AC5.3)
Marking Rubric:
Distinguished
Excellent
Good
Proficient
Basic
Marginal
Unacceptable
Criteria
80+
70
60
50
40
30
0
Content
Extensive
Comprehensive
Adequate
Describes
Describes some of
Largely
Inadequate
(alignment with
evaluation and
critical
evaluation and
main ideas
the main ideas but
incomplete
information or
assessment
synthesis of
evaluation and
synthesis of key
with evidence
omits some
description of
containing
criteria)
ideas; includes
synthesis of
ideas beyond
of evaluation;
concepts; limited
main issues;
information not
substantial
ideas; includes
basic
includes
evidence of
misses key
relevant to the
original thinking
coherent
descriptions;
some original
evaluation;
concepts; no
topic
original
includes
thinking
confused original
original
thinking
original
thinking
thinking
thinking
Application of
In-depth,
Clear and
Appropriate
Adequate
Limited
Confused
Little or no
Theory and
detailed and
relevant
application of
application of
application of
application of
evidence of
Literature
relevant
application of
theory;
theory; uses
theory; refers to
theory; does
application of
application of
theory; fully
integrates
literature to
literature but may
not use
theory and
theory; expertly
integrates
literature to
support ideas
not use it
literature for
relevant
integrates
literature to
support ideas
and concepts
consistently
support
literature
literature to
support ideas
and concepts
support ideas
and concepts
and concept
Knowledge and
Extensive depth
Comprehensive
Sound
Basic
Limited and
Confused or
Little or no
Understanding
of understanding
knowledge and
understanding
Knowledge
superficial
inadequate
evidence of
and exploration
depth of
of
and
knowledge and
knowledge and
knowledge or
beyond key
understanding
principles and
understandin
understanding of
understanding
understanding of
principles and
key principles
concepts
g
key concepts and
of key
key concepts and
concepts
and concepts
of key
principles
concepts and
principles
concepts and
principles
principles
Presentation and
Logical, coherent
Logical,
Logical
Orderly
Somewhat weak
Confused
Illogical
Writing Skills
and polished
coherent
structure to
presentation;
presentation;
presentation;
presentation
presentation
presentation
presentation;
minor errors
errors in
errors in
lacking cohesion;
exceeding
demonstrating
makes few
in mechanics
mechanics and
mechanics and
contains
expectations at
mastery; free
errors in
and syntax
syntax may
syntax often
significant errors
this level; free
from errors in
mechanics and
interfere with
interfere with
that interfere
from errors in
mechanics and
syntax which
meaning
meaning
with meaning
mechanics and
syntax
do not prohibit
syntax
meaning
Referencing
Advanced use of
Mastery of
Appropriate
Adequate use
Limited use of in-
Inadequate use
Little or no
in- text citation
in-text citation
use of in-text
of in- text
text citation and
of citation and
evidence of
and references
and
citation and
citation and
referencing
referencing
appropriate
referencing
referencing
referencing
referencing or
use of sources
Directions:
Total the boxes and divide by 5 to arrive at the final mark. Example:
Distinguished
Excellent
Good
Proficient
Basic
Marginal
Unacceptable
Range
80-100
70-79
60-69
50-59
40-49
35-39
0-34
Criteria
Score
Content
50
Application of Theory and Literature
40
Knowledge and Understanding
50
Presentation/Writing Skills
40
Referencing
40
Total Score
220/5 = 44, Pass
Example Answer
Compare and contrast legal and equitable interests in land
In this scenario, both Karl and Katia are dealing with claims to interests in real property, which can be broadly classified into legal and equitable interests. Understanding the distinction between these interests is crucial for determining whether they can enforce the arrangements made with Grace.
Legal Interests in Land Legal interests are those that are recognised and enforceable under common law. They are the strongest form of interest in property, providing the holder with formal rights to use, control, or transfer the property. Legal interests must comply with specific formalities as required under the Law of Property Act 1925. These include interests such as:
Freehold ownership
Leasehold ownership (leases over 3 years must be in writing)
Easements (rights of way or other rights over another`s land)
Mortgages
Legal interests are binding on the world, meaning they automatically bind third parties (including purchasers) as long as they are registered or fall under the exceptions allowed under the Land Registration Act 2002.
Equitable Interests in Land Equitable interests, on the other hand, are recognised under equity rather than common law. These arise in situations where formalities for a legal interest have not been met, but fairness dictates that some form of interest exists. Equitable interests include:
Beneficial interests under a trust
Restrictive covenants
Estate contracts (agreements to sell land, for example)
Proprietary estoppel claims
Equitable interests may be enforceable against third parties if those third parties had notice of the equitable interest. Unlike legal interests, they are generally not enforceable against someone who acquires the land in good faith, for value, and without notice of the equitable interest.
Continued....
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