LAND LAW | OVERRIDING INTERESTS | Schedule 3, para 2 - COMMON ERRORS | Bite Size Land Lecture 3.2.3
Bite Size Land Law
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LAND LAW | OVERRIDING INTERESTS | Schedule 3, para 2 - COMMON ERRORS | Bite Size Land Lecture 3.2.3
2 349 просмотров · 6 лет назад
Bite Size Land Law
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2 349 просмотров · 6 лет назад
AVOID THESE COMMON MISTAKES BY STUDENTS
An insider's view - General tips and avoiding common errors from an experienced land law lecturer! By a former university lecturer with 25 years' teaching experience. This is the 3rd lecture in a series of short videos on Schedule 3, paragraph 2 of the Land Registration Act 2002. I recommend that you watch the videos in chronological order.
VIDEO PLAYLIST
Overriding interests - 3rd parties in occupation 👉 https://studio.youtube.com/playlist/P...
PREVIOUS VIDEOS
Part 1 Interest + occupation 👉 • LAND LAW | THE OVERRIDING INTEREST RULE yo...
Part 2 Knowledge or inquiry (the tricky bit!) 👉 • LAND LAW | OVERRIDING INTERESTS Sch 3, par...
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Part 4 when does overreaching apply? 👉 • LAND LAW: OVERREACHING EXPLAINED | Registe...
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VIDEO #3
An insider's view - General tips and avoiding common errors from an experienced land law lecturer!
Content
0:00 Common errors students make
01.14 Poor structure - Introducing 2 related problems
01:50 Dealing with exceptions before the general 'qualifying' rule
02:17 Conflating 'occupation' - don't deal with 'occupation' together
03:17 Applying 'occupation not obvious' to facts - occupation by who?
03:53 Some rights can NEVER override under Schedule3 , para 2!
04:46 Use the correct terminology
04:44 Do not invent problems. Ensure that your answer is relevant
08:38 How to make the examination less stressful
09:33 Dealing with facts in the exam
10:13 Planning your answer
10:55 The most common reason for failure or not doing well in an exam
Video #1
Interests which can override in this way are set out in the Land Registration Act 2002, Schedule 3, paragraph 2. Schedule 3, para.2 sets out the general conditions which must be satisfied for an interest to override in this way and these are covered in this first video. I will take you through the wording of the statute and break it down into bite size, manageable sections so that you fully understand it.
Video #2
I explain the restrictions (exceptions) which apply and talk you through the wording of Schedule 3, para 2 (b) [failure to disclose when inquiry is made] and para (c) [the occupation wasn’t reasonably obvious]. In my view, this is the most complex area and where students struggle the most. Again, I will take you through a worked example using the IRAC method.
Video #4
I take through my answer plan for a past exam question using the IRAC method. IRAC is a brilliant method to use when answering problem-based law questions. There are lots of videos on YouTube explaining what IRAC is; but there aren’t many which show you how to use it in practice. I will also show you how Schedule 3, para 2 usually fits into a question of 3rd party rights and when overreaching might apply. Essentially, you will usually consider schedule 3, para 2 where a 3rd party who is in occupation of the land, has failed to protect their interest by registering either a notice or restriction.
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