Law for the Built Environment &
Law and Professional Context – Assignment Brief
General requirements
This module is assessed by two coursework tasks, the Phase Test and this coursework assignment. Both tasks are worth 50% of the total marks. To pass the module you must attain a whole-module average of 40% or more.
Your coursework submission must be submitted electronically VIA:
(1) the assignment submission portal (available on the module’s site on shuspace;
AND additionally
(2) via the allocated Turnitin portal (available on the module’s site on shuspace),
IN EACH CASE before the deadline set for that assignment in your assignment diary (also on shuspace). NB: you are not required to submit a hardcopy.
Failure to submit by the applicable deadline will mean a 0 (zero: nil) mark for that piece of work, unless you have been granted an official deadline extension by the Student Support staff (Owen Level 4) or you have a Learning Contract that permits you to make a later submission.
Your submission has a maximum word limit of 2,500 words. This limit excludes your references list and bibliography, but IT DOES include quotations and footnotes. Please do not provide appendices to your submission unless these are specifically requested by your brief, as these will not be read or marked. A penalty of 10% of marks will be applied for every 250 words above the 2,500 limit.
Your submission must:
•    feature your student number (but not name) as a header on each page
•    include page numbers on each page
•    present references of all sources used, in SHU-Harvard format
•    provide a bibliography if you have relied on any texts that are not cited within your submission’s main text (e.g. a textbook that you have found particularly helpful in framing your overall subject understanding).
•    state your name at the end of your document, alongside a truthful statement of the word count (i.e. the document’s word count minus the reference list / bibliography). You are requested to include your name here as a cross-check for the identity of your work.
Academic misconduct is taken very seriously by Sheffield Hallam University, therefore please comply with all applicable SHU requirements, and in particular ensure that:
•    you use and submit exactly the same version of your coursework document for Turnitin and Assignment portal submission.
•    you do not use other people’s words or ideas without attribution (e.g. Harvard based source citation). This includes not copying all or any portions of other student’s work or getting someone else to write your submission for you. All of these academic misconduct behaviours will be easily detected by Turnitin, and could ultimately lead to expulsion from the course via SHU disciplinary proceedings.
•    you do not use other student’s coursework as a ‘template’ for your own work – as this can still cause Turnitin to score your work as having a high plagiarism count.
•    you accurately state your word count, taking into account what does, and does not, count towards the limit.
•    you attend the coursework briefing sessions in order that you can understand what we require of you, and if you have queries please ask. However, please note that teaching staff cannot review draft coursework. Turnitin will be set up for this module in a way that enables you to submit draft versions of your work prior to the deadline, so that you can check the likely plagiarism score. Please note that your most recent upload will be treated after the deadline as your final submission, and that some module leaders may use Turnitin differently, and set it up to ONLY enable one – final – submission.  Thus, do not assume that rough drafts could be uploaded as ‘testers’ in all modules.
Your work will be marked using the marking grid reproduced at the end of this document. When preparing your coursework, think about how well your draft addresses these criteria, and also the requirements of the specific assignment task brief, which follows.
The scenario and brief

You are a chartered surveyor advising your client, A1 PLC, on the development potential of certain of its assets. The portfolio that you are advising upon includes the vacant warehouse/light industrial unit and yard shown edged red on the attached plan, referred to hereafter as ‘Matilda Street’.

Fred MacArthur has asked you whether there is “anything big that we need to worry about in the legal title to Matilda Street?”  Fred’s company, MacArthur Investments Inc is considering investing in your client’s property owning vehicle, A1 Property Investments Ltd in order to help fund a proposed development. MacArthur want this advice even if it is decided not to use the Matilda Street property itself as the location for the proposed development – as they want to know that it has development potential and is therefore valuable as an asset upon which to base their investment.

You must advise your client’s managing director by providing answers to the questions stated below. You must present your advice as a cogent and concise letter. Whilst the questions are primarily concerned with property law, you should also include as an ancillary any other aspects (tort, contract and regulatory) that you think relevant to the evaluation of, and advising upon, MacArthur’s request. You are not however required to address planning law matters.

You are required to conform to the appropriate reporting style required for an advisory letter. However to comply with SHU academic policies you must also include SHU references in Harvard style, with those citations either within the main text of your letter or provided in footnotes). A Harvard references list (and bibliography if appropriate) should be provided as an appendix to your letter.

The [fictional] Land Registry title extract and plan are provided on the following pages.

The questions:

1)     By reference to applicable law (i.e. key cases, legislation and core concepts) identify, evaluate and address professional liability issues that may arise in providing the requested advice to MacArthur.
(20 marks)

2)     Identify and evaluate five issues relating to ownership raised by the title documents provided to you, and for each issue:

i)     Succinctly but accurately describe the issue in terms of its applicable law (i.e. key cases, legislation and core concepts);

ii)     Evaluate the significance of each issue for future development of the site, and show how significant each issue is in relation to the others that you have identified (for example, you may wish to rank the issues in order of significance and explain your ranking); and

iii)     Recommend steps by which the issues can best be managed – these may be a mix of legal procedures and practical actions. In each case you should give a broad indication of the relative cost (money, time and management effort) that those steps might entail, but you do not need to provide actual costings). (30 marks)

This title is dealt with by H.M. Land Registry, Nottingham Office.

REGISTER EXTRACT

Title Number:

XXX123456

Address of Property:

Land and buildings on the South West side of Matilda
Street, Sheffield

Price Stated:

Not Available

Registered Owner(s):

A1 PROPERTY INVESTMENTS LIMITED (Co. Regn. No.
1111111) of 1 Any Road, Sheffield, South Yorkshire S1 1AD.

Lender(s): None

A:     Property Register
This register describes the land and estate
comprised in the title.

SOUTH YORKSHIRE: SHEFFIELD

1.     (18.03.1994) The Freehold land shown edged with red on the plan of
the above Title filed at the Registry and being land and buildings
on the South West side of Matilda Street, Sheffield.

2.     (18.03.1994) The mines and minerals together with ancillary powers
of working are excepted with provision for compensation in the
event of damage caused thereby.

3.     (02.01.2009) The land has the benefit of the following rights
granted by a Conveyance which included the freehold estate in the
land in this title dated 8 December 1911 made between (1) Henry Hardwick
& Sons Limited (Vendor) and (2) Majestic Pony & Trap Services Ltd     (Purchaser):-

“The property hereby transferred is transferred with the benefit
of a right of way at all times and for all purposes and whether on
foot or by charabancs or dray horse deliveries over the land coloured
brown as shown on the attached plan.”

B:     Proprietorship Register
This register specifies the class of title and
identifies the owner. It contains any entries that
affect the right of disposal.

Title absolute

1.     (25.02.1998) Proprietor: A1 PROPERTY INVESTMENTS LIMITED (Co.
regn. No. 1111111) of 1 Any Road, Sheffield, South Yorkshire S1 1AD.

2.     (18.03.1994) A Conveyance of the land in this title dated 31 July
1867 made between (1) The Most Noble Bernard Marmaduke Duke of
Norfolk E.M.,K.G.,G.C.V.O (Vendor) (2) The Public Trustee and (3)
Henry Hardwick & Sons Limited (Purchaser) contains Purchasers
personal covenant(s) details of which are set out in the schedule
of personal covenants hereto. The Transfer to the present proprietor
contains a covenant to observe and perform the aforesaid covenant(s)
and of indemnity in respect thereof.

3.     (25.02.1998) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges
Register and of indemnity in respect thereof.

Schedule of personal covenants

1.     The following are details of the personal covenants contained in
the Conveyance dated 31 July 1867 referred to in the
Proprietorship Register:-

“The Purchaser hereby covenants with the Vendor that it will erect
and forever after maintain a strong fence constructed of wire
supported by iron posts set in concrete at intervals of
approximately six feet and surrounded by barbed wire along the
Eastern boundary of the property hereby conveyed and will not
part with the same without imposing the same obligations upon any
Purchaser thereof framed so as to ensure that the said fence shall
be maintained by successive owners thereof”.

C:     Charges Register
This register contains any charges and other matters
that affects the land.

1.     (18.03.1994) A Conveyance of the land in this title dated 31 July
1867 made between (1) The Most Noble Bernard Marmaduke Duke of
Norfolk E.M.,K.G.,G.C.V.O (Vendor) (2) The Public Trustee and (3)
Henry Hardwick & Sons Limited (Purchaser) contains the following
covenants:-

“The Purchaser hereby covenants with the Vendor for the benefit of
the Vendor’s adjoining land and every part thereof that the Purchaser
shall not cause or permit the land to be used as a cutlers’ mill, a lodging
house, an auction house, for the sale of liquor, for any immoral purposes
or in any manner whatsoever which may be or become a nuisance or
annoyance to the Vendor or the owner or occupier of any adjoining property
or any part thereof”.

2.     (18.03.1994) The land is subject to the following rights reserved by a
Deed dated 15 December 1970 made between (1) Majestic Tours Limited
(Owner) and (2) Fluorescent Lighting Company (Lumens) Limited
(Grantee):-

“THE Owner as Beneficial Owner hereby grants unto the Grantee

(a)     full right and liberty to use in common with the Owner its
successors in title and all other persons having the like right
the said sewer or drain for the passage or conveyance of water or
soil from the said piece of land edged Pink on the said plan
but not for any other purpose whatsoever
(b)     full right and liberty for the purpose aforesaid but not for
any other purpose whatsoever to make and forever hereafter to
repair and maintain all such connections with the said sewer or
drain as may be reasonable and proper in that behalf making good
nevertheless at his own expense all damage or disturbance which
may be caused to the surface of the said piece of land coloured
Blue on the said plan and carrying out such connections repairs or
maintenance
(c)     full right and liberty for the purpose of making repairing
and maintaining such connections as aforesaid but not for any
other purpose whatsoever to enter upon and break up the said piece
of land coloured Blue on the said plan”.
NOTE: The features referred to above are shown on the title plan.

3.     (02.01.2004) The land is subject to a legal mortgage made between

(1)     Barclays Bank plc and
(2)     A1 Property Investments Ltd securing the sums referred to in that             document.

4.     (18.03.1994) A conveyance dated 31 July 1993 made between (1)
Topps Tiles [Vendor] and (2) A1 Property Investments Limited [Purchaser]
[by which a portion of the yard area to form part of the property] contains the
following provision:-

“It is hereby agreed and declared that the Purchaser shall not by its use or
development of the property hereby conveyed interfere with any right of light
or air currently enjoyed by adjoining or neighbouring hereditaments or land
forming part of the Vendor’s Estates”.

End of register

Marking criteria for Law and Professional Context coursework assignment.
A. Evidence of relevant subject knowledge and understanding (max 40 marks)
Fail <40%    Low Pass (40 – 47%)    Mid Pass (48 – 55%)    Good  Pass (56 – 69%)    Distinction (> 69%)
Criteria    Evidence of misunderstanding in relation to majority of relevant core concepts. No evidence of independent research and reflection. inclusion of none or few of the main arguments and authorities    Evidence of misunderstanding in relation to significant minority of relevant core concepts.  No evidence of independent research and reflection. Inclusion of some of the main arguments and authorities    Competent explanation of some concepts, misunderstanding in relation to some concepts. Some limited evidence of independent research and reflection. Inclusion of most of the main arguments and authorities    Competent explanation of most or all relevant core relevant concepts. Clear evidence of substantive independent research and reflection. Inclusion of all of the main arguments and authorities    Fluent explanation of all core relevant concepts. Clear evidence of significant substantive independent research and reflection.  Inclusion of all of the main arguments and authorities plus novel relevant arguments and authorities

B. Application of your knowledge to the question (max 40 marks)
Fail <40%    Low Pass (40-47%)    Mid  Pass (48-55%)    Good Pass (56 – 69%)    Distinction  (>69)
Criteria    Little or no link to the question posed. Little or no analysis of the presented assertion    Weak link to the question. Little analysis of the presented assertion or significant inaccuracy of the analysis presented    Credible link to the question, with some analysis of the presented assertion. Some  inaccuracy in the analysis presented    Competent link to the question, with persuasive analysis of the presented assertion. No inaccuracy in the analysis presented     Confident and adept link to the question, with very persuasive analysis of the assertion presented. No inaccuracy in the analysis presented

C. Clarity of argument, grammar, presentation and referencing  (max 20 marks)
Fail <40%    Low Pass (40 -49%)    Mid Pass (48 – 55%)    Good Pass (56 – 69%)    Distinction  (> 69%)
Criteria    No argument or view expressed. Information presented without order or structuring. Significant grammatical or typographical errors. No or little referencing (i.e. no cases /legislation).    A basic attempt at ordering and structuring, with limited success / clarity. Poorly developed or illustrated lines of argument. Some contradictions. Poor referencing  (i.e. few cases /legislation). Some grammatical or typographical errors.    A logical structuring with little contradiction. Most points made are supported by references (i.e. cases / legislation). Few grammatical or typographical errors.    A clear and coherent line of argument, with no contradictions. All material points are supported by references (i.e. cases / legislation). No material grammatical or typographical errors.    Innovative and insightful. Clearly communicated. Comprehensive referencing (i.e. cases / legislation). Clear conclusion. No material grammatical or typographical errors.


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