LW109-5-SP-CO:
Foundations of Property Law
2020/21
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 5
Current
Sunday 17 January 2021
Friday 26 March 2021
15
19 June 2020
Requisites for this module
(none)
(none)
(none)
(none)
LW202, LW303
LLB M100MS Law,
LLB M103 Law (Senior Status)
This 15-credit module will provide students with an introduction to the fundamental principles of the law of property in England and Wales.
Together with the 15-credit Land Law and Equity & Trusts modules, it is designed to satisfy the property law requirements of the professional bodies for those students who intend to practise law in England and Wales.
It is designed to provide students with a sound understanding of the key features of property law and of the framework within which the property lawyer operates, and the wide range of matters this covers. Students will learn about the distinction between property rights and personal rights and the distinction between personal and real property. The main focus of the module will be on real property, or property rights in relation to land.
1) To provide an appropriate foundation for the further study of Land Law and Equity & Trusts
2) To explain and critically consider:
a) The legal framework within which the property lawyer operates;
b) The nature, acquisition and transfer of property interests;
c) The social and legal contexts in which trusts arise;
d) The concept of equity and the historical development of equitable principles; and
e) The nature and role of equitable remedies.
Upon successful completion of the module students will be able to:
1) Define and explain what is meant by:
a) real property;
b) personal property;
c) and intellectual property;
2) Explain what is meant by Equity and define and describe equitable maxims;
3) Understand the concepts of ownership, occupation and possession, and distinguish between legal ownership and equitable ownership;
4) Understand the ways in which interests in property might be acquired, both formally (by grant, by will, upon intestacy etc.) and informally (through the doctrines of implied trusts and adverse possession);
5) Apply their knowledge of the law to hypothetical fact-situations.
This module serves as an introduction to the English law of property. We will learn about the distinction between property rights and personal rights. We will then look at the distinction between personal property and real property.
The main focus of the module will be on real property, or property rights in relation to land. We discuss the types of legal rights that can exist in relation to land. In doing so, we take a brief look at how the feudal origins of English land law still continue to shape how we talk about land law nowadays. We consider mechanisms through which the owner or occupier of land might seek to protect "their" property rights in relation to land and examine how these rights are acquired and how they are protected. We also turn our attention to the idea of equitable property rights and what is meant by the distinction between "rights at law" and "rights in equity". This includes a first look at the trust. We will also study two methods of governing property: restrictive covenants, allowing a proprietor to govern usage of property even after they parted with their "ownership" of the property, and wills and testaments, allowing proprietors to determine what happens to property after their death.
This module consists of 10 weekly one-hour seminars. In addition, each week before the seminar, two or more pre-recorded video lectures will be released on the module Moodle page. You are expected to have watched these videos before the seminar.
The syllabus contains short notes for each seminar, as well as the required readings for each week. You are expected to have read the notes and completed the required reading before the seminar. At the end of each week's notes, you will find the seminar questions. You are expected to be able to discuss these questions in the seminar together with your colleagues and your lecturer. The syllabus is as follows:
Seminar 1: The Idea of Property and Forms of Property
Seminar 2: An Introduction to Land Law
Seminar 3: Protection for the horizontal and vertical boundaries of land
Seminar 4: The doctrine of tenures and estates
Seminar 5: Fixtures and fittings; lost and hidden objects; treasure
Seminar 6: What is equity? An introduction to equitable property rights
Seminar 7: Acquisition of freehold estates
Seminar 8: Land Law in Action – freehold covenants in land
Seminar 9: The historical basis of the trust and some modern applications of the trust
Seminar 10: Testamentary dispositions of property
This module is taught through a mixture of pre-recorded lectures and 10 weekly 50-minute small group tutorials. Each week before your tutorials, the module teaching team will make available on Moodle two or more pre-recorded video lectures that they have prepared and produced. In total, the duration of each week’s video lectures will be approximately 50 minutes .In most teaching weeks, you will be expected to have watched these lectures before the tutorials, although some of these lectures may be designed to be watched after the tutorials to recap on material discussed there. The module teaching team will also produce and make available on Moodle short guidance notes for each weekly tutorial. These notes will introduce the readings that must be completed in advance of each tutorial and will contain tips to help you understand and analyse those texts.
You will be expected to have completed the readings in advance of your tutorials. Your tutorials will enable you to discuss the readings in the context of specific tutorial questions, to obtain feedback on your pre-class preparation and to deepen your understanding of key concepts. To help you prepare in the best possible way for your tutorials, you will be completing regular Multiple-Choice Quizzes on Moodle. The quizzes will be based on the reading set for that week so that the quiz forms part of your preparation for each tutorial. The quizzes will enable you to track your progress, understand what you are doing well, and give you clear feedback to help you manage your studies and your progress.
- (no date) Victoria Park Racing and Recreation Grounds Company Ltd v Taylor (1937), 58 CLR 479-527.
- Bevan, Chris. (2020-04-08) 'Fixtures', in Land Law: Oxford University Press., pp.8-14
- Watt, Gary. (2019) 'Understanding trusts', in Equity & trusts law: directions, Oxford: Oxford University Press., pp.25-46
- (no date) City of London Corporation v Appleyard [1963] 1 WLR 982, [1963] 2 All ER 834.
- (no date) Parker v British Airways Board [1982] QB 1004, [1982] 1 All ER 834.
- Bevan, Chris. (2020-04-08) 'Adverse Possession', in Land Law: Oxford University Press., pp.134-167
- Watt, Gary. (2019) 'Capacity and formality requirements', in Equity & Trusts Law Directions: Oxford University Press., pp.47-66
- Ben McFarlane. (2008) 'The basic tension of property law', in Structure of Property Law, Oxford: Bloomsbury Publishing PLC., pp.4-14
- (no date) Moffatt v Kazana [1969] 2 QB 152, [1969] 2 WLR 71.
- (no date) Costello v Chief Constable of Derbyshire Constabulary [2001] 1 WLR 1437, [2001] 3 All ER 150.
- (no date) Jaggard v Sawyer [1995] 1 WLR 269, [1995] 2 All ER 189 (CA Civ).
- (no date) Bernstein of Leigh (Baron) v Skyviews & General Ltd [1975 B No 6333], [1978] QB 479.
- (no date) JA Pye (Oxford) Ltd v Graham [2002] UKHL 30, [2003] 1 AC 419.
- (no date) Botham v TSB Bank plc [1996] Lexis Citation 5162.
- Watt, Gary. (2019) 'The constitution of trusts', in Equity & Trusts Law Directions: Oxford University Press., pp.97-126
- Bevan, Chris. (2020-04-08) 'The legal/equitable distinction', in Land Law: Oxford University Press., pp.20-30
- Bevan, Chris. (2020) 'Freehold covenants', in Land Law: Oxford University Press., pp.455-495
- Gardner, Simon. (2011) 'The Nature of Trusts', in Introduction to the Law of Trusts, Oxford: Oxford University Press., pp.1-27
- (no date) Waverley BC v Fletcher [1996] QB 334, [1995] 4 All ER 756.
- Bevan, Chris. (2020-04-08) 'Introduction to Land Law', in Land Law: Oxford University Press., pp.1-34
- Harpum, Charles. (2000) 'Does Feudalism Have a Role in 21st Century Land Law?', in Amicus Curiae. (23) , pp.21-25
- (no date) Berkley v Poulett [1977] 1 EGLR 86.
- (no date) Secretary of State for the Environment, Food and Rural Affairs v Meier and others [2009] UKSC 11, [2009] 1 WLR 2780.
- Graham Virgo. (2020) 'An Introduction to Equity', in Principles of Equity and Trusts: Oxford University Press., pp.3-24
- (no date) Elitestone v Morris [1997] 1 WLR 687.
- Bridge, Michael. (2015) 'Property rights and classes of property', in Personal property law, Oxford: Oxford University Press., pp.1-27
- (no date) Bocardo SA v Star Energy UK Onshore Ltd and another (Secretary of State for Energy and Climate Change intervening) [2010] UKSC 35, [2011] 1 AC 380.
- Layard, Antonia. (2019-08-08) 'The Meaning of Land', in Thompson's Modern Land Law: Oxford University Press., pp.12-18
The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
LW109 - Multiple Choice Quizzes |
|
20% |
| Coursework |
LW109 - Summative Essay |
|
80% |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Edward Mitchell, email: edward.mitchell@essex.ac.uk.
Dr Ed Mitchell, Dr Matt Stone, Dr Sam Davey
Law General Office - lawugadmin@essex.ac.uk
No
No
No
Mr Mark Davys
University of Keele
Senior Lecturer
Available via Moodle
Of 17899 hours, 19 (0.1%) hours available to students:
17837 hours not recorded due to service coverage or fault;
43 hours not recorded due to opt-out by lecturer(s).
Essex Law School
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