emilyg588
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Hello,

I’m looking for some help with an essay I have for land law on leases and licences.

This is the question:

In Bruton “it was the agreement between the parties that created ‘a lease’, not the prior existence of an estate in the ‘landlord.’ …[T]he ‘non-proprietary lease’ is a strange creature in English property law and, we might suggest, it already has a name: that is, it is a licence!” M Dixon, Modern Land Law, 11th Edn (2018) at p224

Critically discuss and include reference to the case law.

I’m just wondering how I would structure and discuss this so any comments I would be really grateful for,

I was thinking a structure like Introduction (explain what leases and licences are), a paragraph on each of the basic characteristics of a lease provided by Lord Templeman in Street v Mountford (exclusive possession, term certain, rent), then go on to discuss how the boundary between a lease and licence has become narrow since Bruton v London & Quadrant Housing and cases following that like Kay v Lambeth, discuss sham pretences, academic commentary and criticisms of the distinction being blurred

However, my word limit is only 1000 words so I am unsure if I would need to write about the essential characteristics of a lease I’m not sure if it is relevant?

Any structures you guys would recommend I would really appreciate and also whether you think mine is ok?

Thanks!
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username3689312
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That is not much word count at all.

Your approach looks fine to much, I'd just be getting into the discussion as quickly as possible as that is where your the majority of your marks will come from. I would be as brief but to the point as possible in defining each one and look to do that in as few words as possible.
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NonIndigenous
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(Original post by emilyg588)
Hello,

I’m looking for some help with an essay I have for land law on leases and licences.

This is the question:

In Bruton “it was the agreement between the parties that created ‘a lease’, not the prior existence of an estate in the ‘landlord.’ …[T]he ‘non-proprietary lease’ is a strange creature in English property law and, we might suggest, it already has a name: that is, it is a licence!” M Dixon, Modern Land Law, 11th Edn (2018) at p224

Critically discuss and include reference to the case law.

I’m just wondering how I would structure and discuss this so any comments I would be really grateful for,

I was thinking a structure like Introduction (explain what leases and licences are), a paragraph on each of the basic characteristics of a lease provided by Lord Templeman in Street v Mountford (exclusive possession, term certain, rent), then go on to discuss how the boundary between a lease and licence has become narrow since Bruton v London & Quadrant Housing and cases following that like Kay v Lambeth, discuss sham pretences, academic commentary and criticisms of the distinction being blurred

However, my word limit is only 1000 words so I am unsure if I would need to write about the essential characteristics of a lease I’m not sure if it is relevant?

Any structures you guys would recommend I would really appreciate and also whether you think mine is ok?

Thanks!
What learning materials are you using for this?

I'm interested, for personal reasons. I do not really have much help I can give.
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emilyg588
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(Original post by james_law)
That is not much word count at all.

Your approach looks fine to much, I'd just be getting into the discussion as quickly as possible as that is where your the majority of your marks will come from. I would be as brief but to the point as possible in defining each one and look to do that in as few words as possible.
I know, its such a small word count for the question okay, thank you very much for the help I think I will just really briefly mention them and then make the focus of the essay on case law
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emilyg588
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(Original post by NonIndigenous)
What learning materials are you using for this?

I'm interested, for personal reasons. I do not really have much help I can give.
Hello,
I'm using lecture notes and Martin Dixon's book 'modern land law' 11th edition hope this helps
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NonIndigenous
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(Original post by emilyg588)
Hello,
I'm using lecture notes and Martin Dixon's book 'modern land law' 11th edition hope this helps
Thanks, might come in handy.
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