LW109-4-SP-CO:
Foundations of Property Law
2015/16
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 4
Current
15
23 March 2012
Requisites for this module
(none)
(none)
(none)
(none)
LW202, LW303
LLB M122 English and French Law (Maitrise),
LLB M100 Law,
LLB M101 Law (Including Foundation Year),
LLB M107 Law (Including Placement Year),
LLB M120 Law (Including Year Abroad),
BA MVC5 Philosophy and Law,
BA VM51 Philosophy and Law (Including Year Abroad),
LLB MM20 Law with Human Rights,
LLB MM21 Law with Human Rights (Including Year Abroad),
LLB MM22 Law with Human Rights (Including Placement Year),
LLB ML14 Law with Politics (Including Year Abroad),
LLB ML15 Law with Politics (Including Placement Year),
LLB ML16 Law with Politics
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. It offers students the opportunity to acquire the following skills:
Research skills: finding relevant cases and articles; effective use of a large and technical body of statutory material;
Reasoning skills: understanding how different judges can reach radically different conclusions on the same facts;
Problem/solving skills: understanding how many issues can be thrown up by the same set of facts;
Critical analysis skills: assessing how effective the law of property is, and how it might be made more effective.
Module Aims and Objectives
To provide an appropriate foundation for the further study of Land Law and Equity & Trusts
To explain and critically consider:
The framework within which the property lawyer operates, and the wide range of matters this covers;
The nature, acquisition and transfer of property interests;
The social and legal contexts in which trusts arise;
The concept of equity and the historical development of equitable principles;
The nature and role of equitable remedies.
No information available.
No information available.
SYLLABUS
1. Types of property: real property; personal property; intellectual property;
2. Equitable principles, equitable remedies and historical basis of the trust;
3. Definitions and conceptual distinctions: ownership (legal and equitable), occupation and possession;
4. Acquisition of property interests:
- Finding chattels: rights of finders and land/owners; treasure etc.;
- Gifts, donationes mortis causa etc.;
- Trusts of the family home (constructive trusts and resulting trusts) and proprietary estoppel [excluding consideration of rights consequent upon divorce or dissolution of a civil partnership];
5. Transfer of property and creation of property interests: formalities for transfer of land and declarations of trust;
6. Testamentary dispositions of property: wills & intestacy.
TEACHING AND ASSESSMENT
Two one-hour lectures per week
Four fortnightly seminars
Upon successful completion of the module students will be able to:
Define and explain what is meant by: real property, personal property and intellectual property;
Explain what is meant by Equity and define and describe each equitable maxim;
Understand the concepts of ownership, occupation and possession, and distinguish between legal ownership and equitable ownership;
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 proprietary estoppel);
Apply their knowledge of the law to hypothetical fact-situations.
Syllabus:
Types of property: real property; personal property; intellectual property;
Equitable principles, equitable remedies and historical basis of the trust;
Definitions and conceptual distinctions: ownership (legal and equitable), occupation and possession;
Acquisition of property interests:
(a) Finding chattels: rights of finders and land/owners; treasure etc.;
(b) Gifts, donationes mortis causa etc.;
(c) Trusts of the family home (constructive trusts and resulting trusts) and proprietary estoppel [excluding consideration of rights consequent upon divorce or dissolution of a civil partnership];
Transfer of property and creation of property interests: formalities for transfer of land and declarations of trust;
Testamentary dispositions of property: wills & intestacy.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Summative Assignment |
|
100% |
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
Jan Jakon Bornheim, Lauren Quinn, Charlotte Bendall
Laurence Wells, Administrator, telephone: 01206 872852 email: ljwells@essex.ac.uk
Yes
No
No
Dr Robin William John Hickey
The Queen's University of Belfast
Senior Lecturer
Available via Moodle
No lecture recording information available for this module.
Essex Law School
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