LAND LAW | Schedule 3, para 2 (Pt. 4) | DETAILED ANSWER PLAN | Bite Size Land Lecture 3.2.4

INTEREST +OCCUPATION Detailed answer plan by a retired university law lecturer using IRAC Land Law Overriding interests under Schedule 3, paragraph 2. Detailed answer plan 👇👇👇👇👇👇👇👇👇👇 THE QUESTION Boris recently purchased ‘Yellow Door’ from Jeremy. Boris was horrified to be woken up yesterday morning by Jeremy’s sister, Teresa, who has recently returned after a 6 week stay with her mother. Prior to this, Teresa lived at Yellow Door with Jeremy. However, whilst she was away, Jeremy sold Yellow Door and moved in with his new girlfriend. Jeremy had packed up all Teresa’s belongings and put them in the attic. Teresa tells Boris that she paid £50,000 towards the purchase price of Yellow Door and is claiming that her interest in the property takes priority over the sale to Boris. Advise Boris WHAT IS THE 'IRAC' (a.k.a IPAC / PLAN) method of problem solving? If you haven't come across IRAC before, it is a problem-solving technique that can be used in all topics you will study (e.g. criminal law, tort, trusts etc.) which you will find invaluable in courseworks and exams. It may seem difficult at first; but the more you practice using it; it easier it will become. Practice using it in seminars and tutorials, so you become more confident and proficient at using it when it comes the time to do your assessments. IRAC stands for Issue, Rule, Application and Conclusion. It's essentially the same as the IPAC (Issue, Principle, Application and Conclusion) and PLAN (Problem, Legal rule, Application and Note outcome) methods. There are lots of videos available explaining the technique and your own law school may provide its own guidance which you should look at. Issue Identify the question (issue) you need to answer. There may be several separate 'big' issues you need to address within the question (e.g. Does Tommy's neighbour have a right of way over Tommy's land and can Tommy 'evict' the tenant in his converted barn for not paying the rent?) and each issue will usually break down into a series of sub or 'mini' issues. Take care to frame the issue as precisely as you can as it will help you to identify the relevant law (Rule) more easily. Deal with each 'big' issue separately. Rule State the relevant law. Remember to provide the 'authority' for the rule. This will usually be from a statute or case. Avoid long, generalised statements of law. Break it down into bite size pieces (which I will do in my examples) and deal with each piece separately. Application Explain how the law is applied to the facts of the question. This is the stage students frequently find the most difficult to do (and where the most marks are!). A good tip is to imagine that the person is sitting in front of you waiting for your advice. They want to know how the law affects THEM. You will need to identify the relevant facts (examiners love to 'pad out' the facts with background noise) and explain how the law you have explained relates to those facts. Refer to the names of the parties in the question. This stage is not something that you can copy from textbooks. It is a skill that you will become more proficient at the more you practice. Try to avoid my personal pet hate; 'it's up to the court to decide'! It isn't. It's your responsibility to advise the client as to the likely or possible outcome in their case. Conclusion Your conclusion should answer the issue. sometimes you will be able to arrive at a definitive conclusion but sometimes the answer might be 'it depends'! If there is some doubt - say so and explain why. ABOUT ME My videos are not sponsored. I started the channel in 2019 and I am still learning!!! I hope that you find my videos helpful. Please consider subscribing to my channel and ‘like and share’ my videos. . Amanda Grant © BiteSizeLaw Amanda Grant 2020