LAND LAW 2 - 2018/9

Module code: LAW2082

Module Overview

The module builds on the content of Land Law I to look at the certain specific aspects of law land law and its sources and effect. It also looks at related ethical and policy questions.

Module provider

School of Law

Module Leader

THANAPAL V Dr (Schl of Law)

Number of Credits: 15

ECTS Credits: 7.5

Framework: FHEQ Level 5

JACs code: M100

Module cap (Maximum number of students): N/A

Module Availability

Semester 2

Prerequisites / Co-requisites

None

Module content

Trusts of Land


Situations where land will be held behind a trust;
The reason behind the Trusts of Land and Appointment of Trustees Act 1996;
Formalities involved in creating a trust of land;
Trustees of land and their powers;
Restrictions of the powers enjoyed by trustees of land;
The rights of beneficiaries under a trust of land;
Resolving disputes between trustees and between trustees and beneficiaries;
Protecting a purchaser of land from trustees of land;
Ending the trust of land.


Co ownership


Joint tenancies
Tenancies in Common
Severance in equity
Devolution of legal estate and equitable interest


 

Implied Trusts of Land


Resulting Trust
Constructive Trust
Quantification of beneficial interest


 

Proprietary Estoppel and licences


Different types of licence
Establishing the estoppel;
Remedies.


 

Freehold Covenants


The distinction between restrictive covenants and positive covenants;
Introduction to basic principles including the context in which these covenants are created and consideration of how they place limitations on absolute ownership of land;
Enforcement of covenants between the original parties;
Enforcement of covenants between successors in title to the original parties, contrasting
the position at common law and in equity;
Protection of covenants in the registered and unregistered system;
The consequences of breaching covenants;
Modifying and discharging covenants.


 

Easements


Easements in context - contrast easements with other rights and how easement limit  a landowner’s absolute ownership of land;
Characteristics of an easement;
Creation of legal easements, including express creation, implied creation and prescription;
Extinguishing easements.


 

Mortgages


Historical Development of the mortgage of land;
Creation of legal mortgages;
Protection of borrower and the equity of redemption;
Lender’s remedies where borrower defaults;


 

Adverse Possession


The rationale behind Adverse Possession
Factual Possession and Intent to Possess
Recovery of property from Adverse Possessor
Claiming title through adverse possession in unregistered and registered land

Assessment pattern

Assessment type Unit of assessment Weighting
Examination 2 HOUR EXAM 100

Alternative Assessment

N/A

Assessment Strategy

The assessment addresses all learning outcomes listed above: Assessment will determine that students have acquired a detailed accurate knowledge of the substantive areas of law covered, that they have a good level of understanding of the fundamental principles of land law covered in the module, that they can present a coherent argument and analyse the arguments of others, that they can extract legal principles from case law and statutes, that they can apply legal principles and rules to factual situations, and that they can perform critical evaluation of these principles and undertake independent research to supplement the prescribed readings. Students will receive verbal feedback on their performance during tutorials.  In addition they will undertake a written formative assessment in the form of a 1 hour formative exam, during Semester 2, on which they will receive individual written feedback.

‘The assessment method for each module has been selected to test a variety of key skills, competences and outcomes as required by QAA. As such, assessment method cannot be changed. Reasonable adjustment may be made on application subject to ALS approval AND only where such adjustment still allows for the required skills, key competences and outcomes to be assessed at an equivalent level.’

Summative assessment: 2 hour examination.

 

Module aims

  • The aim of this module is to build on the principles introduced in Land Law I to develop an understanding of the fundamental concepts of property law and the structure and operation of English land law to a high level. The module examines in detail a range of different types of rights and interests in land identified in Land Law I and issues arising in the creation and enforcement of such rights. It also partially fulfils the requirements of the Qualifying Law Degree relating to the law of property.

Learning outcomes

Attributes Developed
1 Assess, analyse, apply the law relevant to this module
2 Have acquired knowledge and critical understanding of the principal features of the areas of law considered in this Module and of the way those principles have developed KC
3 Be able to identify legal issues arising in a range of hypothetical legal problems CPT
4 Be able to conduct an analysis of such hypothetical legal problems by applying their acquired knowledge and critical understanding of the underlying concepts and principles to reach a legal resolution of the problems KCPT
5 Develop a critical awareness of the relationship between policy and principle in the relevant areas of Land Law considered and be able to evaluate the law and policy they have studied KC
6 Be able to undertake independent study and research in order to enhance their knowledge and critical awareness so as to inform their evaluation of the law and policy they study in this Module KCPT
7 Be able to effectively communicate information, arguments and analysis PT

Attributes Developed

C - Cognitive/analytical

K - Subject knowledge

T - Transferable skills

P - Professional/Practical skills

Overall student workload

Independent Study Hours: 122

Lecture Hours: 22

Tutorial Hours: 6

Methods of Teaching / Learning

Teaching and learning methods continue and develop those adopted in Land 1. Students are provided with readings and questions to prepare in advance of large-group weekly two-hour lectures. The aim of these sessions is to draw out and present systematically the basic principles and underlying concepts to be derived from the work the students have prepared, and to take students through the arguments and detailed legal rules presented in the materials they have read to a good level. In these sessions students are expected to demonstrate their knowledge of the materials set, their ability to present a coherent argument and assess the validity of arguments presented by others, and to facilitate their critical understanding of the legal rules and principles studied by applying them to hypothetical examples.

The large-group lectures are supplemented by weekly small-group tutorials in which the materials covered and issues raised in the lectures are reviewed and discussed in greater detail focusing on rules of law and associated jurisprudential issues which have caused debate or contention. Students are provided with questions and/or essay titles and/or problem questions on the topic to be covered, to prepare in advance for each tutorial. The tutorial provides a forum for the presentation and discussion of the work the students have prepared, and an opportunity for students to develop and demonstrate legal analytical skills and understanding of the substantive legal issues covered in the tutorial.

Total student learning time 150 hours.

 

Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.

Reading list

Reading list for LAND LAW 2 : http://aspire.surrey.ac.uk/modules/law2082

Programmes this module appears in

Programme Semester Classification Qualifying conditions
Law with International Relations LLB (Hons) 2 Compulsory A weighted aggregate mark of 40% is required to pass the module
Law with Criminology LLB (Hons) 2 Compulsory A weighted aggregate mark of 40% is required to pass the module
Law LLB (Hons) 2 Compulsory A weighted aggregate mark of 40% is required to pass the module

Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2018/9 academic year.