A complete and accurate register of title of land is a foolish endeavour due to the continuing recognition of overriding interests.’ Discuss the statement by reference to the relevant legislation.

Module Title: Property Law

Module Code: 282CLS

Assessment Information

This assignment is designed to assess learning outcomes:

1. Understand and evaluate the concepts of ownership, possession and title in property law and the differences between legal and equitable rights in property;

2. Demonstrate, by analysing, reformatting and evaluating information , an understanding of the principles underlying property law with specific reference to land law;

4. Using a range of specialist skills, demonstrate an ability to evaluate and apply the principles of land law to various hypothetical scenarios;

5. Analyse and evaluate proposals for reform (where applicable).

This assignment is an individual assignment. This assignment has TWO questions. Each question is worth 50% of the total mark. This assignment requires you to answer BOTH of the following questions:

1. ‘A complete and accurate register of title of land is a foolish endeavour due to the continuing recognition of overriding interests.’ Discuss the statement by reference to the relevant legislation. In support of your answer, you must discuss TWO of the decided cases concerning overriding interests.

2. Joyce is the freehold owner of ‘Ivy Cottage’ and decides in the summer of 2019 to rent out this small property in order to bring in some much needed income. In September 2019, Joyce rented ‘Ivy Cottage’ to Carlos and Faye, two local university students. Carlos and Faye are an unmarried couple and this is first time that they will be living together. Joyce insists that they sign separate agreements, which they do. Each document is labelled as a ‘Licence Contract’ and includes an express term that the document is not to be viewed as a lease. The stated licence fee for the property is £400 per month. On the advice of her son, Joyce has included a clause specifying that she is entitled to rent the property to another occupier if any of the students leave before the end of the University year. The document also states that Joyce is within her rights as the owner to move in to the property whenever she chooses. Moreover, Joyce expressly reserves the right to enter the property at any time to check the meter readings. Joyce has also retained a set of keys to the property. Recently, a local resident, Mrs Bucket, sent several letters of complaint to Joyce and the local council about the increase in the number of late parties that have been taking place at Ivy Cottage which is tarnishing the image of the neighborhood. Joyce is upset and embarrassed by the situation and demands that Carlos and Faye move out immediately. Faye and Carlos have a huge argument about the situation which ultimately ends with Faye ending their relationship. Faye packs her bags and leaves the property the following day. Carlos telephones Joyce and tells her that Faye’s leaving is all her fault and that he has no intention of leaving the property.

Advise Carlos as to the legal nature of the document that he signed.

Criteria for Assessment When marking the coursework, particular regard will be given to the following:

• Identification of relevant issues;
• Selection of relevant material;
• Knowledge of relevant subject;
• Evidence of broader research;
• Evidence of understanding;
• Application;
• Fluent argument;
• Proficient writing;
• Appropriate referencing.

You should include a bibliography. You should use footnotes. You should use the Oxford Standard for Citation of Legal Authorities (OSCOLA) referencing style. The LibGuide for Law includes a referencing guide for OSCOLA: https://libguides.coventry.ac.uk/oscola The pass mark is 40%. Word Count The word count is 1750. There will be a penalty of a deduction of 10% of the mark (after internal moderation) for work exceeding the word limit by 10% or more. The word limit includes quotations and citations, but excludes the references list.

Example Answer

To address the statement, "A complete and accurate register of title of land is a foolish endeavour due to the continuing recognition of overriding interests," we must first explore key concepts in property law such as ownership, possession, title, and the distinction between legal and equitable rights. Additionally, we must evaluate how overriding interests impact the integrity of the Land Register.

Concepts of Ownership, Possession, and Title

Ownership refers to the legal right to possess, use, and dispose of property. In the context of land, possession can either be actual physical control of the land or constructive, where a person has a right to control the property even if not in physical possession. Title, on the other hand, is the formal legal recognition of ownership, often documented in a title deed. The Land Registration Act 2002 (LRA 2002) governs the system of registered land in England and Wales, aiming to provide clarity and certainty about ownership by creating a definitive record of legal rights and title.

Legal and Equitable Rights in Property

Legal rights, such as freehold or leasehold ownership, are recognised as binding against the world once registered. In contrast, equitable rights are personal or proprietary rights that are enforceable in equity. These often arise when legal formalities have not been completed, for instance, in trusts or mortgages. In the modern context, both legal and equitable rights may be subject to registration requirements. However, not all interests in land are registrable, leading to the continued relevance of overriding interests.

Overriding Interests: A Barrier to a Complete Register?

Overriding interests are rights that affect registered land but may not be registered in the Land Register. Despite efforts to simplify and make the register comprehensive, Schedule 1 and Schedule 3 of the LRA 2002 recognise that certain rights, including short leases, easements, and the rights of those in actual occupation, override registered title and do not need to be listed in the Land Register.

Continued....