LW109-5-SP-CO:
Foundations of Property Law
2022/23
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 5
ReassessmentOnly
Monday 16 January 2023
Friday 24 March 2023
15
09 September 2022
Requisites for this module
(none)
(none)
(none)
(none)
LW202, LW303
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. Students will learn about the distinction between property rights and personal rights. Students 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. Students will discuss the types of legal rights that can exist in relation to land. In doing so, the module takes a brief look at how the feudal origins of English land law still continue to shape how we talk about land law nowadays. The module will 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. Students will also turn their 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. The module 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 tutorials. In addition, each week before the tutorial, two or more pre-recorded video lectures will be released on the module Moodle page. Students are expected to have watched these videos before the tutorial.
The syllabus contains short notes for each tutorial, as well as the required readings for each week. Students are expected to have read the notes and completed the required reading before the tutorial. At the end of each week's notes, students will find the tutorial questions. Students are expected to be able to discuss these questions in the tutorial together with their colleagues and their lecturer. The syllabus is as follows:
Tutorial 1: The Idea of Property and Forms of Property
Tutorial 2: An Introduction to Land Law
Tutorial 3: Protection for the horizontal and vertical boundaries of land
Tutorial 4: Lost and hidden objects; treasure
Tutorial 5: Fixtures and chattels
Tutorial 6: An introduction to "equity"
Tutorial 7: The historical basis of the trust and some modern applications of the trust
Tutorial 8: Testamentary dispositions of property
Tutorial 9: The acquisition of freehold estates
Tutorial 10: Land law in action: freehold covenants
This module will be taught via weekly 1-hour lectures and weekly 1-hour tutorials. The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts and PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the lectures and tutorials and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your tutorials. Your tutorials will enable you to discuss the material covered in lectures and the required readings, obtain feedback on your pre-class preparation and 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.
This module does not appear to have a published bibliography for this year.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Multiple Choice Quizzes - Continuous Assessment (LW109 Property Law) |
|
20% |
| Coursework |
Essay (LW109 Property Law) |
|
80% |
Additional coursework information
Continuous Assessment consists of Multiple Choice Questions to be answered before each seminar.
The essay is a 1,750 word essay, to be submitted after the Easter break.
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
Law UG Education Administrators: lawschoolug@essex.ac.uk
No
No
Yes
Mr Mark Davys
University of Keele
Senior Lecturer
Available via Moodle
Of 325 hours, 0 (0%) hours available to students:
315 hours not recorded due to service coverage or fault;
10 hours not recorded due to opt-out by lecturer(s).
Essex Law School
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