FACULTY OF BUSINESS AND LAW

ACADEMIC YEAR 2019/20

Assessment Instructions
Assessment Details

Module Code: UJUUKT-30-2

Module Title: Land Law

Assessment Component: A

Submission will be made by: using a normal Blackboard submission portal in the Assignments
folder of this module on Blackboard

Assessment opens: 09:00hrs on 7th May 2020

Deadline/Submission closes: 09:00hrs on 8th May 2020

Assessment Weighting: 60 per cent of total module mark

N.B. all times are 24-hour clock, British Summer Time (BST)

Important Information - Referencing and Assessment Offences

As is usual for an exam, for this assessment you are not expected to include full referencing, i.e.
you are not expected to use footnotes, create a bibliography or to comply with OSCOLA
referencing styles. However, you are encouraged to cite relevant case law, statutes and the
sources of key theories and arguments etc.

Text-matching software (e.g. SafeAssign) is used to check every submission against other
submissions made at the same time, previous submissions to UWE and other universities, and
internet sources. When submitting your work, you will be required to confirm that the work is
your own.

It is an assessment offence to copy work from any source, including your own previous
assessments, and present it as your own work for this assessment, or to provide your own work
to others. It is an assessment offence to work with others on the assessment in any way.

Paraphrasing by changing individual words but keeping essentially the same sentences or
structures from other sources is not acceptable and will be detected by text-matching software:
please write in your own words and style to convey your own learning.

UWE’s Assessment Offences Policy outlines potential offences including plagiarism, collusion,
self-plagiarism and sharing of assessment submissions, and it is your responsibility to

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understand this policy and avoid potential offences. Details of what constitutes plagiarism and
how to avoid it can be found on UWE’s Study Skill’s plagiarism pages.

Formatting

Please use the following file format: Word (i.e. .doc or .docx file formats). We cannot ensure
that other formats are compatible with markers’ software and cannot guarantee to mark
incorrect formats.

At the start of your answers, please include the module name and your student number (not
your name).

Please indicate clearly which questions you are answering.

Please use Times New Roman/Arial/Calibri 12 point for your answers and double spacing.

Instructions for submission

You must submit your assignment before the stated deadline by electronic submission
through Blackboard.

 It is your responsibility to submit coursework in a format stipulated above.

Your marks will be affected if your tutor cannot open or properly view your submission.

 You can submit as many times as you like up to end of the 24-hour submission period.
Only the last successful submission will be marked.

 There is no late submission permitted on this timed assessment.

 Do not leave submission to the very last minute.

Always allow time in case of technical issues.

 The date and time of your submission is taken from the Blackboard server and is recorded
when your submission is complete, not when you click Submit.

 It is essential that you check that you have submitted the correct file(s), and that each
complete file was received.
Submission receipts are accessed from the Coursework tab.
Further guidance and support during assessment

Technical support
See UWE’s IT support pages for support with software for home and immediate technical
issues. Note that a limited service may be available due to ongoing UK restrictions, and

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therefore please report issues as soon as possible. If it is not possible to resolve them, personal
circumstances will be offered.

Instructions

 REQUIRED :
o There are 4 questions in the exam. You must answer TWO questions.
o Each question carries the same number of marks
 As is usual for an exam, for this assessment you are not expected to include full referencing,
i.e. you are not expected to use footnotes, create a bibliography or to comply with OSCOLA
referencing styles. However, you are encouraged to cite relevant case law, statutes and the
sources of key theories and arguments etc.
 Multiple submissions can be made to the portal, but only the final one will be accepted.
Please save your work frequently and ensure it is submitted within the 24-hour period.
Unlike a coursework, there is no 24-hour late submission window.
 This is an individual assessment: do not copy and paste work from any other source. Text-
matching software will be used on all submissions – more detail provided below.
 There is a word limit for each exam question of between 1000-1250 words. This is
provided as a guide as to what we would expect a student to write for each answer. It is not
a requirement that every answer must be at least 1000 words. However, anything after the
maximum word count of 1250 will not be marked, in line with UWE’s Word Count Policy.

THE EXAM QUESTIONS ARE ON THE NEXT PAGE

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Instructions to Students:

Students must answer TWO QUESTIONS

Question One

In Street v Mountford (1985), when differentiating a lease from a licence, the Court
identified three essential characteristics of a lease.

Discuss whether the courts in subsequent cases have adhered strictly to the
three essential characteristics.

Question Two

“The Courts actively take steps to protect the equity of redemption.”

Discuss whether case law supports this statement.

Question Three

John owns land comprising two industrial units and some spare hardstanding. The land
is registered, and in the property register there is an entry stating that the property has
the benefit of a right of drainage over Simon’s land which neighbours to the rear.
During his period of ownership, John has been in the habit of driving his van to and
from the hardstanding area to the road adjoining his property.

John sells the part of the freehold land that comprises the hardstanding to Peter, who
will be using it as a small café. Peter will be erecting a building, linking to the drainage,
installing electricity and gas. He and his customers will need to drive over John’s land to
get to the area sold to Peter as there is no other way to get to the land, In the deed of
sale, John and Peter have made no mention of any right of way to the hardstanding.

John has leased the second industrial unit to Sarah who is running a vintage clothing
market there. He has allowed her to place a sign advertising the business, next to the
roadway on land not leased to Sarah. The lease has now expired, and John has granted
another lease to Sarah by deed. There is no mention in the lease about the sign.
John also owns gym and exercise facilities in the next town, about three miles away. He
suggests to Simon and Sarah that he will give them the rights to use the gym so long
as they remain in occupation of the hardstanding and the industrial unit.

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John wishes to remove Sarah’s sign.

Discuss whether
a) Peter has a right of way and a right of drainage to the hardstanding
area by way of easement;
b) Sarah has an easement in respect of the placing of the sign; and
c) Whether the rights to use the gym facilities to be granted by John will
be recognised as an easement.

Question Four

Hollis is a builder and he had noticed a four-bedroom house that was vacant and
becoming derelict. In 2007, Hollis entered the house and secured the premises: he
boarded up broken windows and changed the locks on the front and rear doors. Over
the next three years Hollis repaired the house by himself in his spare time, installing
new windows, repairing the rooms, re-plastering and decorating, as well as taming the
garden. In February 2010 Hollis moved in and set up his home there.

Title to the land is unregistered. The elderly paper owner had died in 2003 and the
house was inherited by her cousin, Pauline, who had never bothered to register the
title. At the time she inherited the house, Pauline was not in a financially secure
position to repair it, but in April 2020 she visited the house for the first time and was
shocked to discover that the house had been repaired and was occupied by Hollis.

Advise Hollis whether he has acquired title to the house by adverse

possession.

END OF QUESTION PAPER