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Posted: April 20th, 2022

The Legal Concept of Possession

The Legal Concept of Possession
LLB253 PROPERTY LAW A S1, 2022
ASSESSMENT TWO: RESEARCHED LEGAL OPINION
The Legal Concept of Possession
Pollock famously asserted that ’[p]ossession is a root of title’. F Pollock and RS Wright, Essay
on Possession in the Common Law (FB Rothman, 1985), 22.
Please offer your legal opinion on the following matters: What does this statement mean?
And is it true in relation to possession of real and/or personal property in Western
Australia?
You should substantiate your legal opinion by reference to at least TWO cases and THREE
secondary sources (articles, books etc).
WORD LIMIT: 1000 words (maximum). No words in excess of 1000 words will be marked.
This includes words and other characters etc used in the footnotes, but excludes the
bibliography and title page.
FORMAT: Times New Roman 12 pt, 1.5 line spacing and ‘normal’ margins.
REFERENCING: Insofar as the opinion is referenced, you must follow the AGLC4.
DUE: by noon on Monday 18 April 2022.
WORTH: 25% of the marks for this unit.
DETAILS: See pages 10 of the Unit Information document.
ASSESSMENT 2: RESEARCHED LEGAL OPINION (MARKING CRITERIA)
The criteria, which will be considered in marking this work include the following.

1 quality of research;
2 legal content
3 quality of analysis
4 clarity and organisation
5 presentation (including freedom from distracting stylistic errors
(grammatical, spelling, punctuation and typographical)
6 case analysis
7 compliance with the use of the Australian Guide To Legal Citation, 4th
ed (see above).
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Possession as a Legal Concept LLB253 PROPERTY LAW A S1, 2022

ASSESSMENT TWO: LEGAL OPINION RESEARCHED

Possession as a Legal Concept

Pollock famously stated, “[p]ossession is the root of title.” Essay by F Pollock and RS Wright

Possession in Common Law (FB Rothman, 1985), page 22.

Please provide your legal advice on the following issues: What exactly does this statement mean?

And does it apply to the possession of real and/or personal property in Western Europe?

Australia?

You must support your legal opinion with at least TWO cases and THREE examples.

second-hand sources (articles, books etc).

THE WORD LIMIT IS 1000 WORDS (maximum). No more than 1000 words will be marked.

This includes words and other characters used in footnotes, but does not include

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