Essential reading
M. Dixon ‘The reform of property law and the LRA 2002: a risk
assessment’ [2003] Conv. 136
M. Pawlowski and J. Brown, ‘Cohabitees and the problem of
unoverreached beneficial interests: time for a rethink?’ (2021) 35(2)
Trust Law International 112
Supplementary reading
R. Smith, Property Law (2020) (as indicated in this handout)
S. Gardner, ‘The Land Registration Act 2002 – the show on the road’
(2014) 77 M.L.R. 763 (but not 771–773)
B. Bogusz, ‘Defining the scope of actual occupation under the LRA
2002: some recent judicial clarification’ [2011] Conv. 268
C. Bevan, ‘Overriding and over-extended? Actual occupation: a call to
orthodoxy’ [2016] Conv. 104
Law Commission, Updating the Land Registration Act 2002 (Law
Com 380), paras 11.13–11.30
J. Howell, ‘Land Law in an e-conveyancing world’ [2006] Conv. 553
M. Pawlowski and J. Brown, ‘The problem of unoverreached
beneficial interests’ Estates Gazette (15 May 2020) (available in the
topic folder)
G. Owen, ‘A new paradigm for overreaching’ [2013] Conv. 377
M. George, ‘Valuable consideration under the Land Registration Act
2002, s 29’ [2023] Conv 134.
J. Brown and M. Pawlowski, Constructive trusts arising from ‘subject
to’ undertakings: the boundaries of liability revisited’ (2023) 37 Trust
Law International 43
E. Cooke and P. O’Connor, ‘Purchaser liability to third parties in the
English Land Law System: a comparative perspective’ (2004) 120
L.Q.R. 660
, O’Connor, ‘Registration of title in England and Australia: a theoretical
and comparative analysis’ in Cooke (ed), Modern Studies in Property
Law: Volume 2 (2002), ch 5
Harding and Bryan, ‘Responding to fraud in title-registration systems’
in Dixon (ed), Modern Studies in Property Law: Volume 5 (2009), pp
16–25
This seminar
Before the seminar, you must attempt both question 1 and question 2.
Question 1 is an example of an OBA problem question for this topic. A guide to
answering problem questions is below. To increase the level of in-class
feedback on how well you understand the application of Sch 3(2), during the
seminar your tutor will put forward some ‘variations’ on the facts of the question,
concerning this matter. You will have a chance to reflect in groups on how far
each change would affect your answer to the question. Guidance on all the
variations will be added to Minerva on
on Friday 1 December (the last day of the seminar cycle).
Question 2 relates to the ‘essay area’ for this topic (i.e., ‘how the LRA 2002
balances the interests of purchasers and interest-holders’). There are ‘points to
consider’, to get you started with thinking critically.
As ever, you will know that the seminar is just a stage of your learning for this
topic. Afterwards, you should reflect on how the seminar went as part of your
independent learning. In addition, the ‘further opportunity’ to learn more about
exam technique for this topic is the week 10 lecture (on Wednesday 6
December). It considers the marking of sample student answers to a past OBA
problem question for this topic.
Please do come along to any of our academic support hours if there is anything
that you would like to discuss, before or after the seminar.
Problem Question Guidance