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Law 2011 Summary

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This is a comprehensive and detailed summary on Land Law. Essential!! To your success in academics!!

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  • July 27, 2024
  • 3
  • 2019/2020
  • Summary
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You should focus on the idea of competing rights.

 Justify whether these tensions have been appropriately resolved
 Suggesting whether they could be better resolved
 Even with PQ’s you should be willing to touch on whether the tensions have been
appropriately resolved
 Is the law providing a justifiable approach?



Examinable topics

1. Optional Research Question
2. Ownership
3. Conveyancing
4. Landlord and Tenant
5. Mortgages
6. Adverse Possession
7. Estoppel



Ownership



Disputes between parties:

 Occupier-finder
o Understanding the statement of Donaldson LJ in detail in Parker
o Usually finder but what if the possession was as a result of a criminal act? How do
you determine the act was criminal? Note the importance nuance in Hibbert. Where
the owners of the gold balls aware that they had lost time? Even if they were aware,
could… (look at slide)
 Occupier-employee (does the occupier need to access prior title over an employee) vs
Employer-employee (depends on where item was found and whether employer asserted
prior title)
 Finder dispossessor: Armory
 Finder-true owner: Hannah, Moffat



Potential intervention of the Treasure Art 1996

Some factors to consider:

 Type of metal
 Weight/Metallic conetent
 Age
 Number found in cases of coins
 Whether the item is of outstanding historical … value
 What is excluded?

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