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TUTORIAL 1. WHAT IS A PROPERTY RIGHT?

Questions:

  1. In King v David Allen & Sons Billposting, what right did David Allen & Sons have? Why was
    Mr King being sued and not the company? Do you think the case is rightly decided?
  2. In National Provincial Bank what right did Mrs Ainsworth have? Why, according to the
    House of Lords, did this right fail to qualify as a property right? Do you think the case is
    rightly decided?
  3. Is the decision in Dutton consistent with the earlier case of King v David Allen? Do you
    think Dutton is rightly decided? What do you think the Court of Appeal in MSC v Vauxhall
    meant by “something more than a licence”?
  4. Jane and Elizabeth were sisters who lived together in a house belonging to Elizabeth,
    called Pemberley. Elizabeth granted Jane a contractual licence, promising her that she
    would always be allowed to live at Pemberley as long as she continued to pay £50 a week
    for her expenses. In the light of the cases you have read this week, how do you think the
    courts would react to the following scenarios?
    (a) Elizabeth changes her mind after a quarrel and asks Jane to leave. Jane insists that
    she is entitled to stay as long as she continues to pay the weekly £50.
    (b) Elizabeth dies, and Pemberley is inherited by her other sister, Lydia. Lydia asks
    Jane to leave.
    (c) Elizabeth mortgages Pemberley to the Collins Bank Ltd in exchange for a loan of
    £10,000. When she is unable to pay, the bank asks the court to evict both Jane
    and Elizabeth so that it can sell the land.
  5. (d) While Jane and Elizabeth are on holiday in Cyprus, a trespasser called Wickham breaks into Pemberley and starts to live there. Elizabeth decides to settle permanently in Cyprus and Jane returns alone to find Wickham in occupation of the house and refusing to leave. She wants the court to evict Wickham.

TUTORIAL 2. WHAT IS LAND?

Questions:

  1. What does the Latin maxim ‘cujus est solum, ejus est usque ad coelum et ad inferos’
    literally mean? What are the origins of the maxim and what authority, if any, does it have
    in English law?
  2. After Skyviews, what authority does the maxim have above the ground?
  3. Martha owns a house and garden in London. Her neighbour, Nerissa, is very interested
    in drones and frequently sends her drones flying over Martha’s garden. The drones have
    occasionally struck trees in Martha’s garden, but have not caused any actual damage.
    Martha would like an injunction to put a stop to this. Advise Martha.
  4. On the facts of the previous question, how—if at all—would your answer differ in the
    following scenarios?
    (a) Nerissa’s drones pass several hundred feet over Martha’s land, and have never come
    into contact with the trees. Nerissa is constantly flying them back and forth over
    Martha’s land, and Martha objects to the noise.
    (b) Nerissa’s drones pass several hundred feet over Martha’s land, and have never come
    into contact with the trees. Martha is an astronomer and her garden contains a
    private observatory, which she uses to study comets and supernovae. The drones
    passing over the garden make this use of the land increasingly difficult.
  5. In Bocardo SA v Star Energy UK Onshore Ltd, the Supreme Court decided that private
    rights to subsoil should be treated differently from private rights to airspace. Why? What
    difference did their approach make to the facts of the case?
  6. What is the legal effect of the accession of a chattel to land? When does an object
    become part of the land? In Elitestone Ltd v Morris, why was the issue of accession to
    land relevant to Mr Morris’ dispute with the company?

Type Of Service: Academic paper writing
Type Of assignment: Essay
Subject: Law
Pages/words: 6/1500
Number of sources: 8
Academic Level: Undergraduate
Paper Format: OSCOLA
Line Spacing: Double
Language style: UK English

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