LAND LAW II - 2018/9
Module code: LAW3131
The module builds on the content of Land Law II to look at the certain specific aspects of land law and its sources and effect. It also looks at related ethical and policy questions.
School of Law
THANAPAL Vickie (Schl of Law)
Number of Credits: 15
ECTS Credits: 7.5
Framework: FHEQ Level 6
JACs code: M223
Module cap (Maximum number of students): N/A
Prerequisites / Co-requisites
Land Law I
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.
- 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;
- 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;
- planning law (outline only);
- 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 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.
- 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;
- Priority between lenders and between lenders and other third party interests.
- 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
- The relationship between adverse possession and ECHR
|Assessment type||Unit of assessment||Weighting|
|Examination||2 HOUR EXAM||100|
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.
- 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 good 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.
|001||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|
|002||Be able to identify legal issues arising in a range of hypothetical legal problems||CPT|
|003||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|
|004||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||KCP|
|005||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|
|006||Be able to effectively communicate information, arguments and analysis||PT|
C - Cognitive/analytical
K - Subject knowledge
T - Transferable skills
P - Professional/Practical skills
Overall student workload
Independent Study Hours: 120
Lecture Hours: 22
Tutorial Hours: 8
Methods of Teaching / Learning
Teaching and learning methods continue and develop those adopted in Land Law I. 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. 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 for LAND LAW II : http://aspire.surrey.ac.uk/modules/law3131
Programmes this module appears in
|Law (JD Pathway) 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.