Home > Degree Level Essays > Law > Property Law

Property Law


Question: The law has accommodated for the succession rights of a posthumously born child, but overlooked the inheritance rights of a child who was conceived after the death of its father.

Undertake a comparative analysis of the law in the United Kingdom and other countries in regard to inheritance rights of posthumously conceived children.

(Module - Testate and intestate succession)

Answer: One of the main concerns of inheritance law is defining the relatedness of individuals. Unlike today previous worries were ones of paternity...


Read more of the answer →

  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 67%
  • Words: 2468
  • Date submitted: April 12, 2012
  • Date written: February, 2011
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4069

Question: ‘A principal of the 1925 property legislation was to simplify conveyancing and the proof of title to land. To this end equitable interests were to be kept off the title to the legal estate and could be overreached on a conveyance to a purchaser who took free from them’.

(Peter Gibson L.J. in State Bank of India v Sood [1997] 1 All ER 169, 172-173.)

Critically analyse the law relating to overreaching in light of the above dictum.

Answer: This question requires a critical analysis of the law relating to overreaching in light of the above dictum. This in turn requires...


Read more of the answer →

  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 67%
  • Words: 2583
  • Date submitted: June 12, 2011
  • Date written: April, 2010
  • References: Yes
  • Document type: Essay*
  • Essay ID: 3811

Question: How, if at all, should ss. 53(1)(b) and 53(1)(c) of the Law of Property Act 1925 be reformed?

Formalities Essay

Answer: In laws, perfection can only be reached if there are flaws. It is a fundamental requirement of court of equity that any...


Read more of the answer →

  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1314
  • Date submitted: December 12, 2016
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 7756

Question: 'Survival inside the belly of the Muldarbi compels Nungas to go before the state’s native title processes where native title applicants are required to prove the extent to which their nativeness has survived genocide.' Irene Watson, 'Buried Alive' (2000) Law and Critique 263.1

Discuss in relation to the legal formula for native title set out in Mabo (No 2) (1992).

Answer: Introduction Since colonial times, land ownership legislation in Australia has been a sensitive issue. The statutes governing land, especially that belonging to...


Read more of the answer →

  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 4391
  • Date submitted: July 15, 2016
  • Date written: November, 2015
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7486

Question: Property Law Assignment

Problem Question: A few years ago Elijah, Mitchell, Anisah, Dirk and Shabaz bought a country cottage together to use as a Bed & Breakfast. Shabaz was going to move in, with her boyfriend Julius, and run the business, whilst it was an investment for the others. Elijah contributed 20% of the purchase price, Mitchell 20%, Anisah 25%, Dirk 25% and Shabaz 10%. They were registered as joint tenants and declared that they held title in trust for themselves as joint tenants.

Last year Elijah was posted abroad and sold his beneficial interest in the cottage to Mitchell.
In January Mitchell told Shabaz and Dirk that he wanted to move away too, and offered to sell his interest in the cottage to them. Shabaz replied that she and Julius “would immediately start saving so that they can take him up on his offer”.

In February Dirk decided to begin a new life in Australia and wrote to the Mitchell, Anisah and Shabaz saying he has decided to leave the rat race and wanted to get his money as soon as possible. He wanted them to send his money on as soon as they could. He sent the letters by registered post. The postman met Shabaz whilst walking to the cottage and gave her the letters. She put them in her bag but then forgot to open them. Sadly Dirk was killed on his way to the airport and he left all his property to Anisah.

(a) Advise parties as to their interests in the cottage.

(b) If the cottage was sold now, how would the proceeds of sale be divided?

(c) How, if at all, would your advice differ in EACH of the following ALTERNATIVE circumstances:
(i) The property was conveyed into their joint names but no reference to any trust was made in the conveyance;
(ii) Mitchell was adjudged bankrupt.

NB The word limit is strict. Declare your word count on the front sheet of your answer, including footnotes but not bibliography.

Answer: In land law, when a property is purchased by more than one person, it is classed as a co-ownership. The interest of...


Read more of the answer →

  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2813
  • Date submitted: April 17, 2016
  • Date written: November, 2015
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7299

Question: Case Notes on Ghaidan v Mendoza [2004] UKHL 30

Answer: Many have criticized the decision made in the case of Fitzpatrick V Sterling Housing Association as being prejudicial and discriminatory. The introduction...


Read more of the answer →

  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1199
  • Date submitted: May 13, 2015
  • Date written: November, 2012
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6591

Question: Alexander (24), Chandler (22), Maya (20), Naveed (20) and Saffron (18) are siblings living in London. Tragically their parents were killed in a car accident two years ago and the brothers and sisters were left the property in their parents’ Wills. The property was conveyed to all five of them jointly.

About a year after the accident Alexander was struggling with the pressures of bringing up his brothers and sisters and turned to drink and gambling. He started to get into financial difficulties and two months ago was declared bankrupt.

Chandler recently finished his University course in Manchester and decided to stay there and buy a property with his girlfriend. He needed to raise some money for a deposit and so decided to offer his share in the property to Naveed and Saffron. He wrote to them both, addressing the letter to them at the house, and left it on the dining room table. In the letter he explained that the house had recently been valued by an estate agent at £500,000 and asked if either of them wished to buy him out.
Before Naveed and Saffron had a chance to read the letter Maya found it and recognising Chandler’s handwriting decided to open it. She was furious when she saw that her brother had offered his share in the property to Naveed and Saffron and not her. Maya decided to confront her brother and found him upstairs in the house. They got into an argument and Chandler decided to walk away from Maya, which infuriated her even more, and she pushed Chandler down the stairs, killing him. Maya was arrested and is currently awaiting trial for murder but wants to return to live at the property on her release.
Naveed was so upset by what his twin had done that he decided he too wanted to sell his share in the property. He approached Saffron to see if she wished to buy him out. Saffron said she would have to think about it as she had only just got a full time job and was not sure she could afford it. Saffron said she would make an appointment with her bank to discuss financing buying him out and come back to Naveed with an answer; they could then negotiate the price.

Sadly Saffron was hurt last week in an accident at work and has since died. On sorting out her personal belongings Naveed found a Will in which she left all of her property to her girlfriend, Emma. Naveed was not happy about this as the family has always viewed Emma as a bad influence on Saffron.

Naveed is unsure who owns the property and in what shares so would like advice on this. He is also unsure what will happen to the property now.

Please advise all of them as to their shares in the property and whether the house will have to finally be sold.

Answer: In order to advise the parties as to how the shares in the property are held and whether it will need to...


Read more of the answer →

  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1334
  • Date submitted: March 24, 2015
  • Date written: February, 2012
  • References: Yes
  • Document type: Essay*
  • Essay ID: 6453

Question: Some commentators have suggested that the best way to deal with the problems of severance is to abolish beneficial joint tenancy entirely.

Do you agree? Give reasons for your answer, referring to rules of law and decided cases.

Answer: As Fox LJ explained in AG Securities v Vaughan at 432-433, to create a joint tenancy, one needs to meet the four...


Read more of the answer →

  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 1684
  • Date submitted: March 26, 2013
  • Date written: January, 2013
  • References: Yes
  • Document type: Essay*
  • Essay ID: 4621

New customer?

Registering is fast
and easy

Welcome back

Easy access

  1. Register with us
  2. Pay for instant access
  3. Or submit 3 essays
    of your own for
    FREE access

Browse

Adobe Reader is required to access all coursework & essays. (pdf)
PayPal handles payments on our behalf. All major credit cards and currencies accepted.

A PayPal account is not nessesary.