Semester and year
Due date :
17th November 2015
A1: an understanding of the principles underlying the system of land ownership in England and Wales
A2: an analysis of the importance of third party rights
B1: analyse a problem involving the wide variety of interests that can exist in land
B2: identify the relevant legal principles and assimilate the factual and legal material
B3: resolve a problem using logical conclusions based on those principles to present a reasoned personal view to a client or employer
C1: identify and retrieve information from materials provided and from sources they have identified themselves through the work environment
C2: discuss the results of the research in an appropriate way within their submitted work
C3: organise their workload to complete relevant tasks within a set period of time
D1: identify and locate a range of information needed for solving any given problem.
D2: either individually or in groups, plan and execute the research needed, including organisation of time to meet deadlines
D3: communicate effectively in English using relevant legal terminology in an appropriate professional style
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You are to use the scenario below and advise Alice as detailed in the task section.
Alice recently bought Damson Cottage from Richard a semi-detached freehold house with a large rear garden. Alice was particularly attracted to the property because of the potential to extend and the lovely views from the rear of the property over the neighbouring countryside.
Damson Cottage originally formed part of Manor Farm, but was sold in 1999 when it was first registered under its own separate title. Access to the property is via a shared private driveway owned by Manor Farm. When it was sold, the 1999 Transfer contained the following provision:
‘And the Purchaser for himself and his successors in title hereby covenants with the Vendor and his successors in title that he will perform and observe the following stipulations:
1 No external alterations whatsoever shall be made to the premises without the written consent of the Vendor such consent not to be unreasonably withheld; and
2 To contribute a fair proportion according to user of the cost of maintaining the private driveway leading to Damson Cottage.’
Following the death of the 1999 seller, two years ago, Manor Farm has now been sold to Mike.
Advise Alice on her legal position in respect of the following:
a Alice has just discovered that Lily, who is a landscape gardener, lives next door. For some time she has parked her van and stored materials used for her business on part of the rear garden of Damson Cottage. Then she erected a wooden fence around that part to incorporate it into her garden. Lily is refusing to remove the fence and the materials.
b Simon who lives next door intends building a two-storey rear extension to his house. Alice objects to the plans for three reasons:
• the work will include cutting into the wall which is shared with her house;
• the gutters on the proposed extension will slightly overhang Alice’s property;
• the proposed extension will block the view from and reduce the light to her garden and kitchen window.
Simon is refusing to change his plans saying that he is entitled to do what he likes with his own property.
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c Charles whilst on a visit to Damson Cottage found a box of very old coins buried in the garden. He claims that he is entitled to keep them.
d Alice wishes to erect a single-storey extension at the rear of the property which she intends using as her office for her new internet business selling leather accessories. She has recently received a letter from Mike reminding her that his consent is required under the covenants to any external alterations and seeking a contribution to the cost of the recent resurfacing of the shared private driveway.
You will be marked using the standard marking rubric attached.
Give legal advice rather than practical advice. Use objective, impersonal formal language.
Do not produce your answers in the style of a letter or report unless you are specifically asked to do so.
When answering legal questions you should firstly identify the issues, then explain the legal principles and finally apply those principles to the question. Your final paragraph should summarise the points made in your answer and draw any conclusions from them. Your answers should be properly founded on case law and or statutes and further challenged and tested via expert legal opinion delivered from legal commentaries in law journals etc. The use of legal journals and published opinion is encouraged to help support and justify your findings. When you state a legal rule refer to the decided case and /or statute from which it comes. When referring to a decided case the important thing is to state the court’s decision and the reason for that decision and show how it applies to your answer.
You should use the full names and dates of cases and statutes when first mentioned. Subsequently they may be abbreviated.
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ASSESSMENT CRITERIA MARKING GUIDE
1. STRUCTURE, PRESENTATION & GRAMMAR
• The study must be clearly structured and presented and be in essay format
• The introduction must identify the relevant area of law and issues to be addressed.
• Once the relevant areas of law and issues have been identified the study should explain the legal principles and then logically apply those principles to the study
• There should be cross-referencing of legal authority (cases, statutes etc.) to support justification of the content.
Poor organisation and structure.
Limited identification and discussion of relevant issues with limited application of the legal principles.
Did not comply with report format requirement
Did not comply with essay format requirement
Some attention paid to the structure and organisation/coherence.
Some evidence of identification and discussion or relevant issues with some application of the legal principles.
Essay format needed developing with greater cross referencing
Good structure, presentation and coherently expressed and applied.
Sound identification of all of the relevant issues, clear evidence of understanding and application of the legal principles
Essay sections clearly linked and logical progression
Essay format written in appropriate professional style using appropriate grammar and punctuation
• Answers need to clearly show you have used and applied learning materials
• Specific requirements relating to the brief and application to practice
Limited use and application of the learning materials and limited relevance to the area of study and practice.
Does not meet requirements or focus of the question(s)
Some use and application of the learning materials with some relevance to the area of study and practice
Meets some of the requirements of the questions(s)
Good use and application of the learning materials with a clear reference to legal principles and to practice
Original and creative with a clear reference to the industry
Clearly meets all the requirements of the question(s)
3. KNOWLEDGE & UNDERSTANDING INFORMED BY READING
• The study should reflect material including legal authority obtained from within and outside the CEM material.
• Wider reading should inform and challenge your understanding and this should be reflected in your answer.
No evidence of wider reading beyond CEM material
Little real application to the requirements of the task
Limited evidence of wider reading beyond CEM material
Some application to the tasks.
Articulate and fluent.
Clear link to referenced evidence and legal authority outside CEM material that supports section 4
Requirements of question(s) clearly answered by the evidence and legal authority
4. ANALYSIS AND INTERPRETATION
• There should be a clear analysis and synthesis of the issues you have raised in section 2 & 3 above
Wholly or mainly descriptive. with no critical analysis
Shows some limited analysis of the issues and
Shows critical analysis Of the issues
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Submission of assignments
• You may submit your assignment online via the ‘Coursework team’ section of the VLE. Please refer to the online guidance notes for up-to-date submission information.
• You will need to be familiar with these guidance notes prior to the submission deadline. Please note that it is your responsibility to ensure that your assignment is successfully received on time.
• You may submit your assignment by post at any time up to and including the due date. Please complete a coursework submission form and staple it to your assignment.
• You must retain proof of postage until after you have received the marked assignment.
• Please refer to the submission guidance on the VLE for more information.
The overall word length for this assignment should be within 10% either way from the stated word count. You may incur a penalty if you exceed the upper value. You must state the total number of words used at the end of your assignment; however, the content of appendices and references/bibliographies may be excluded from your word count.
• There should be clear identification of the issues
• There should be a clear critical analysis of the legal principles
• These should be logical and analytical application of the legal principles to the questions
• There should be clear conclusions and recommendations
• All need to be aligned to the requirements of the question
or application of the legal principles or issues
No conclusions and recommendations
application of the legal principles s
Analysis and application are evident but incomplete
Shows some attempt to draw conclusions and recommendations but incomplete
Logical application of all of the relevant legal principles
Conclusions and recommendations clearly flowing from analysis and application
5. REFERENCING & BIBLIOGRAPHY
• All key sources must be cited, and a consistent and accurate use of Harvard referencing system must be maintained.
• A separate reference list and bibliography should be provided
Main key sources not cited.
Cases and other legal authority not cited or referenced.
Limited or no use of an accepted referencing system.
Most key sources cited using an accepted referencing system
Most cases and other legal authority cited but referencing incomplete or inaccurate
All key sources cited.
All cases and other legal authority correctly cited
Consistent and accurate use of an accepted referencing system.
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Warning: Plagiarising someone else’s work, whether copying from the Internet, CEM study materials, a textbook, a fellow student or elsewhere, is a serious offence. Before you submit your work for assessment, you must check it to ensure that you have fully cited within the text all the sources of information you have used and that all your sources are listed in a reference section at the end of your submission. Quoted text must not be excessive in length. You will find guidance on correct citing and referencing in The Harvard System – The CEM Guide to Referencing and Citation in the ‘Study skills’ section on the VLE.
Be aware that your work may be checked using anti-plagiarism software. If plagiarism is identified, this will result in a severe penalty ranging from loss of all or part of the mark to exclusion from your course.
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