LL5004 - Property Law (2017/18)
|Module specification||Module approved to run in 2017/18|
|Module title||Property Law|
|Module level||Intermediate (05)|
|Credit rating for module||30|
|School||Guildhall School of Business and Law|
|Total study hours||300|
|Running in 2017/18||
This module introduces and builds legal concepts regarding the ownership of land and the control of assets, including trusts and examines the law relating to co-ownership of land. It examines the system of registered title (from pre 1925) in the form of registered and unregistered land. Rules relating to the transfer of title will be examined as well as controls on land use. Leases, licences, mortgages, easements, restrictive freehold covenants, adverse possession, conveyancing, human rights and torts relating to property will likewise be examined. It also aims to develop students’ skills in legal research in a variety of sources. Student employability will be enhanced by the development of analytical skills, written and oral communication skills and group participation skills.
Prior learning requirements
• To introduce the legal concept of property and the variety of legal and equitable property rights and their protection so as to produce an awareness of the role of property.
• To provide an awareness of the rules relating to use, ownership and transfer of title to land.
• To provide an awareness of the buying and selling land process.
• To provide a framework for understanding the attempts to reconcile competing interests in English law.
• To develop and encourage confidence in using appropriate analytical and discursive skills.
• To develop students’ research, written and oral communication.
• To enhance employability by developing student skills in analysis, written and oral communication, and research.
The ownership of Land
Introduction to equity/History of the trust
Group presentation skills
Buying & selling houses
Co-ownership: establishing co-ownership, the mechanics of co-ownership and Bankruptcy/rights of occupation.
Leases: law, formalities and essential elements, estoppel & licences, terms, remedies & termination, enforcement
Easements and profits
Freehold restrictive covenants
Torts affecting land
Public regulation of land
Land law & human rights
The revision preparation will take place in weeks 12-14 and 27 – 29, with the group oral presentations in or after week 15 and the unseen exam in or after week 30.
Learning and teaching
Two hour lecture weekly, introducing and explaining concepts, providing a structured overview of the topic and indicating key areas for research and discussion. One hour seminar weekly, discussing concepts and applying the law through a range of exercises including problem questions and class discussions.
The virtual learning environment for this module includes a range of supporting materials including lecture recordings, further reading, discussion space, and assessment information. Students’ engagement with these materials will enable them to explore topics in more depth, gain contextual understanding, develop relevant skills and enhance their IT literacy.
Students will need at least seven hours weekly in private study, including seminar preparation. They will be required to complete advance reading and prepare seminar exercises; to prepare for and participate in assessment; and to engage with online learning materials. Their active participation in activities will allow students to develop their understanding of the subject as well as to gauge their progress, understanding and articulation of the issues and to obtain peer and lecturer feedback.
Employability will be enhanced by students’ development of their analytical and communication skills in both tutorials and (formative and summative) assessments.
On successful completion of this module, students will:
• Have acquired a good grasp of the process of transfer of title in English land
• Be able to appreciate the legal nature and the purpose of property rights
• Have knowledge and understanding of the different forms of property rights, the divisibility of land ownership, the relationship of law and equity, and the nature and role of express and implied trusts
• Have knowledge and understanding of the nature creation, express or implied, of co-ownership of land and the resolution of disputes between co-owners
• Have knowledge and understanding of the nature and law of adverse possession
• Have knowledge and understanding of the law on conveyancing, mortgages, leases, easements, freehold restrictive covenants, human rights and torts relating to property
• Be able to apply their knowledge to problem solving. Be able to apply the rules to factual situations
• Understand and apply the rules relating to 3rd party rights in land
• Understand the law relating to control of land use
• Be able to communicate effectively in context
• Have developed their oral and written skills
• Have developed their written and research skills
There will be two assessments:
- Coursework of 2,500 words
- Unseen 2 hour examination (students will be required to answer 3 questions)
This will enhance employability by enhanced development of their research and analytical skills in both summative assessments (thus demonstrating that they are able to work independently).
Chappelle, Diane. Land Law, Longman
Dixon, Martin. Modern land Law, Routledge
Gray & Gray Elements of Land Law, Oxford
Jackson, Stevens & Land Law, Sweet & Maxwell
Mackenzie & Phillips. Textbook on Land Law, OUP,
Pearce & Stevens The Law of Trusts and Equitable Obligations, Oxford
Smith, Roger. Property Law, Longman
Stroud, April. Making Sense of Land Law, Palgrave MacMillan
Students will also be expected to make extensive use of primary sources, including those available by databases such as Lexis-Nexis, Westlaw, Lawtel and Justis.