Land, Housing & Equity Law Assignment Topics & Ideas

Here are a selection of 6 assignment topics and ideas on land, housing & equity law for you. Please feel free to use these topics to help you create your own assignment topic.

1. To what extent is adverse possession an important right to prevent the growth of vacant properties?

This assignment topic will consider adversepossession in the pre and post Land Registration Act 2002. In addition, the Act has not limited all rights, especially those that have accrued prior to its incorporation. However, there is an interesting human rights quandary, because there is the right to one's own property; albeit should this mean that the property should be left vacant? Thus, the Housing Act 2004 has allowed councils to enforce Empty Dwelling Management Orders and eventually enforced sales of property. The question is whether the prevalence given to land ownership in the Land Registration Act 2002 has created the empty property issues 10 years later?

2. Is the Perpetuities and Accumulations Act 2009 significant to the modern regime of Land Law?

This assignment topic will explore the impact of the Perpetuities and Accumulations Act 2009 in comparison to the Perpetuities and Accumulations Act 1964. Thus, it will explore the changes to the “wait and see” approach; as well as the exclusion of commercial interests to determine if this creates a modern approach to family-type interests. This is an interesting topic that many jurisdictions have tried to balance and modernise with the rights of the testator; thus an examination of the Irish and English approaches will provide a comprehensive review.

3. Has the case of Jones v Kernott [2011] ALL ER (D) 64 (Nov) clarified the concept of “Common Intentions” in the Family Home Trust?

This examination will explore the modern developments of the family home trust, as identified by Oxley v Hiscock [2004] EWCA Civ 546, Stack v Dowden [2007] UKHL 17and Jones v Kernott. The distinction between imputed and inferred intentions has created a significant amount of controversy; thus the following examination will explore the approaches and determine if fairness has a role to play. This is especially important, because in personam rights should be treated cautiously to prevent undue interference with in rem rights.

4. Is the case law surrounding the concept of “knowing receipt” and “knowing assistance” sufficient to provide the harmed claimant to have effective equitable remedies?

The common law approaches to equitable claims against third parties who have acquired or helped another to acquire property inequitably are confused. The main issue is what constitutes as knowledge, because the case of Twinsectra v. Yardley [2002] 2 AC 164 held the littlest knowledge is sufficient. English law has inferred a subjective element in the test, as confirmed in Royal Brunei Airlines Sdn Bhd v. Tan [1995] 2 AC 378. The case of Abou-Rahmah v. Abacha itself [2006] EWCA Civ 1492 identified a limited inference of constructive knowledge; albeit is this enough? The Singapore case of George Raymond Zage III v. Ho Chi Kwong [2010] 2 SLR 589 (CA) held an objective test should apply; thus this examination will explore different common law jurisdictions to this issue, in order to identify whether the objective approach should apply.

5. Is the Homelessness Act 2002 sufficient to deal with the growing homelessness in the UK?

This assignment topic will explore the duties of Local Authorities under the Act, which amended the Housing Act 1996. An important question that is identifiable from the case of Ellis v Angus Council [2011] CSOH 44 is the legal purpose of Guidance set by the devolved governments, because the court held there was no obligation as the policies are not part of statute. Thus, the discord between the codes and the statutory obligations infer that the Homelessness Act 2002 is not fit for purpose.

6. Are the Prevention from Harassment and Eviction provisions effectively protecting tenants

This assignment topic will explore the various protections that are available to tenants to prevent Harassment and unlawful eviction; however the main question will be whether the body of law is cohesively and effectively enforced. Thus, the human rights angle will be explored and when there is a duty for the local authority to act, because there can be over-dismissiveness over such disputes.