Actual Occupation

Critically analyse the case law that has developed on the meaning of ‘actual occupation’ under the Land Registration Act 2002. In light of that case law, do you think that the current system adequately balances protection for those with overriding interests in actual occupation of land against protection for purchasers who rely upon the register?”This assignment is designed to assess learning outcomes:

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).

This assignment is an individual assignment.


Criteria for Assessment

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 titles to land.
2. The student should understand and explain the varying decisions of case law, if appropriate 
3. The student should critically analyse the case law and determine whether the cases are appropriate to the question.
4. The student should identify any perceived weaknesses in the current systems of registered titles land. 
5. The student should 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.

You must follow the style below as part of the assessment criteria. You will lose marks if you do not follow these guidelines when preparing your coursework.

Primary and secondary sources
• Distinguish clearly between primary sources (the original source of the law, e.g., a case) and secondary sources (a commentary or explanation of the law, e.g., a book).
• To avoid charges of plagiarism and failure to cite sources, clearly cite and credit these sources. 
• Lecture notes and handouts are not sources – never cite them in your essay/bibliography
Books
• Adopt the Oxford method of referencing: Paul Richards, Law of Contract (5th ed. Longman 2007) – author’s name, initial, title, edition, publisher, year 
• Refer to a specific page thus: Paul Richards, Law of Contract (5th ed. Longman 2007), at page 259.
• Do not use textbooks, or articles, as primary sources: Carlill v Carbolic Smoke Ball Co, page 33 of Richards, Law of Contract is wrong!!
• Do not use and cite inappropriate and sub-degree texts, such as Nutshells.
Articles
• Adopt the Oxford method: Richard Nobles, and David Schiff, ‘The Right to Appeal and Workable Systems of Justice’ (2002) 65 (5) MLR 676 – author, title of article, year of publication, volume number, issue number, page at which the article starts.
• Refer to specific pages of the article as with Books above.
• Learn to use the relevant abbreviation for the journal: eg, MLR, LQR, OJLS
• Do not use the cataloguing system provided by search engines: Modern Law Review Vol 75, Issue No 3 (Summer) 666-690.
Websites
• Do not use and cite inappropriate websites – never cite wikipedia!!
• The website should not be cited as a substitute for the proper reference: cite the law report, article etc and then refer to the website in your bibliography, with the specific page of that website, together with the date you last accessed the site. 
• You may cite a website as a source if that information is only available on that site.
Cases
• Case names should be highlighted, preferably in italics: Carlill v Carbolic Smoke Ball Co.
• The reference for the relevant law report should be given, preferably in a footnote: [1893] 1 QB 256.
• Extracts from judgments should refer to the page or paragraph number: [1893] 1 QB 256, Bowen LJ, at 265E.
• A newspaper report is acceptable if no law report reference is available: Potter v Scottish Ministers, The Times, 4 April 2007.
Statutory sources
• The short title of the Act of Parliament should be given: ‘The Human Rights Act 1998 (hereafter the Act or the 1998 Act) was passed …’
• Specific sections should be cited: s.10 Human Rights Act 1998; s.1 for section; ss.1 and 2 for sections; s.1(2) for section and sub-section.
• If you cite an article from a treaty you can cite it as Art. 1, Article 1 or article 1.
• Provide the proper citation for secondary legislation: Prison Rules 1999 (SI 1999/728).
Latin words and phrases
• Put Latin words and phrases in italics – inter alia, volenti non fit injuria
• You may use Latin words when referring to previous references (op cit, ibid, supra etc) or you can simply say, see note 4, above or see note 10, below.

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