RE05 Legal Issues in Land Use and Finance
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RE05 Legal Issues in Land Use and Finance
Examined Assignment 2022-23
This assignment constitutes 100% of the overall mark for this module.
Your attention is drawn to Departmental procedures on formal assessment and plagiarism. Late submission penalties and word count penalties apply as set out in the relevant scheme.
To be released from 12 noon (UK), Monday 20 March 2023
Electronic copy to be submitted no later than 12 noon (UK), Monday 3 April 2023
Submission requirements
You are required to submit your work electronically by the stipulated deadline.
Do not put your name anywhere on your work. Instead you must use your departmental candidate number. This number must appear clearly on the first page of each piece of work you submit, together with the module number. Electronic files must be labelled in the following format:
Department candidate number_Module_year (e.g. LE123_RE05_2023).
The following documents must be submitted via the Land Economy MPhil Moodle site by the deadline:
• One copy of your work in .pdf format; and
• One copy of your work in MS Word or equivalent compatible format
• One declaration form
You must upload your own work to this site. Instructions on how to do this will be made available. Please ensure that you upload your files to the correct assignment.
Failure to submit all of the above by the deadline will constitute a late submission and penalties will be applied. Issues relating to the online system, uploading your work, printing your work or any other such issues are not considered reasonable excuse for late submission. You are advised to leave yourself adequate time and plan appropriately.
Note - you may submit each piece of work only once so check your work prior to submission. Once it has been submitted work may not be retrieved, replaced or resubmitted irrespective of whether the deadline is still open or not.
Candidates are required to answer one question chosen from the five questions below. The overall word limit for your answer is 4,000 words.
Word count: The word length is inclusive of everything except the bibliography, footnotes and declaration. Any and all other text will be counted. Tables must be in-text and all diagrams, maps, illustrations, graphs, symbols and pictures will be counted with an A4 page being assessed as equivalent to 250 words, part pages being assessed on a pro rata basis.
All questions carry equal weight. Any sub-questions carry equal weight unless specified otherwise.
Questions
1. The numerus clausus principle is sometimes given as the reason for limiting the number and type of obligations that can be imposed on estate owners under a common law system. To what extent does the principle of freedom of contract give way to the more rigid rules relating to the nature and creation of property interests?
2. The Land Registration system in England and Wales is designed to facilitate transactions, especially, so that land can be used as safe security for raising capital. In this it largely succeeds, but perhaps at too much disadvantage for those wanting to use land as places to live and work.
3. Neither the duties of a selling mortgagee nor controls on the mortgagee’s right to possession offer adequate protection to a borrower facing eviction from their home. Discuss, indicating how (if at all) you think the law should be reformed.
4. Discuss with reference to the Landlord and Tenant Act 1954 and its judicial interpretation in the case law, the extent to which security of tenure for business tenants is merely a mechanism designed to put tenants in to a strong negotiating position? Consider any reforms in this area of the Law of Landlord and Tenant which you feel may be justified.
5. To what extent do principles of human rights law impact on the enforcement of security interests over land?
6. The leasehold estate is a creature of a bygone age. The time has come to replace it or, at least, to impose significant reform to protect tenants from the worst excesses of landlords.
Discuss.
2023-04-03