Property law
Module information>
This module centres on the various interests that can exist in land, the principles governing the creation, transfer and extinction of these interests.
Property law is one of the seven foundations of legal knowledge that, among other things, must be completed as part of your law degree if you want to fulfil the academic component of Bar training in England and Wales.
This module introduces students to the fundamental principles that underpin land ownership in England and Wales and provides them with a sound understanding of the law that governs the creation, protection and transfer of interests in land.
Topics covered
- General principles. The concept of land. Doctrine of tenures and estates. Freehold and leasehold estates. Legal and equitable rights. Principles of the 1925 legislation.
- Transfer of land, with reference to the conveyance of registered and unregistered titles in land. Formalities and proprietary estoppel. Land Registration Acts 1925 and 2002. Concept of overreaching. An awareness (in general terms only) of unregistered land law concepts such as the doctrine of notice and Land Charges Act 1972.
- Ownership of land. Co-ownership of land. Trusts of land under the Trusts of Land and Appointment of Trustees Act 1996.
- Landlord and tenant. The term of years absolute. Its nature, creation, assignment and forfeiture. The lease/licence distinction. Enforceability of leasehold covenants.
- Licences. Bare licences. Contractual licences, their revocability and enforceability against third parties. Estoppel licences.
- Easements. Characteristics, extinguishment and extent. Creation of express and implied easements but excluding easements arising by prescription.
- Freehold covenants of land. The common law and equitable rules relating to the running of the burden and benefit of covenants between neighbouring estate holders.
- Mortgages and charges, with particular reference to land. Nature and creation. Protection and rights of the mortgagor. Rights and remedies of the mortgagee.
- Adverse possession but only as it applies to land with freehold title.
Learning outcomes
If you complete the module successfully you should be able to:
- Compare and contrast the functions of the rules of common law and statute, and common law and equity;
- Explain how ownership rights and other interests in land are acquired, protected and transferred;
- Appreciate how property law adapts to social and economic conditions, raises ethical issues and has practical importance.
- Engage in research in primary and secondary materials in order to build an evidence base to support arguments;
- Critically apply knowledge in response to moderately complex legal issues presented in both essay and problem questions about property law and reach reasoned conclusions that reference relevant legal authority appropriately;
- Develop the ability to evaluate and critique standard legal materials and arguments relating to property law, including case law, statutes and
- academic writing.
Assessment
Timed unseen examination
Essential reading
Dixon, M. Modern land law. (Abingdon: Routledge, 2023) 13th edition [ISBN 9781032395753].