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Land Law

LAW505

Course CodeLAW505
ECTS

Course Description

Who owns property? What rights do you have over other peoples' land? This module will introduce you to the area of land law and the rights and responsibilities that come with owning land. You will understand what constitutes ownership, the difference between legal and equitable ownership, and how to address legal issues, such as easements, covenants and third-party rights.

Course Objectives

Who owns property? What rights do you have over other peoples' land? This module will introduce you to the area of land law and the rights and responsibilities that come with owning land. You will understand what constitutes ownership, the difference between legal and equitable ownership, and how to address legal issues, such as easements, covenants and third-party rights.

Key Topics

  1. LO1: Understand the concepts of ownership, co-ownership and other proprietary rights in land.
  2. LO2: Understand the differences in ownership and interests relating to leases, licences and mortgages on land.
  3. LO3: Understand the legal situation relating to land interests and evaluate applicable statutory and common law measures.

Course Outline

WeekTopics
1Fundamental property principles: what constitutes land; personal versus proprietary rights
2Estates in land, legal and equitable ownership and how equity operates
3Third-party rights and their enforcement in the registered and unregistered systems
4Leases, licences and leasehold covenants; trusts; types of licence
5Proprietary estoppel: establishing the estoppel and remedies
6Mortgages: historical development, creation of legal mortgages, the equity of redemption
7Freehold covenants: restrictive and positive covenants, creation and enforcement between original parties and successors
MidtermMidterm evaluation
9Covenants as limits on absolute ownership; protection, breach, modification and discharge
10Easements: characteristics, contrast with other rights, express and implied creation and prescription
11Impact and enforcement of easements on ownership; extinguishing easements
12Applying Land Law in practice: case studies
13Assignment workshop: research, planning and referencing
14Assignment workshop: drafting, feedback and improvement
15Review and coursework completion
FinalFinal assessment and submission

Learning Outcomes

  1. LO1 Understand the concepts of ownership, co-ownership and other proprietary rights in land.
  2. 1.1 Explain the nature of Land and what constitutes land.
  3. 1.2 Explain how land can be 'owned' (historical origins and modern significance including estates in land).
  4. 1.3 Evaluate different kinds of third-party rights in land.
  5. 1.4 Analyse the difference between registered and unregistered land and the legal issues that arise.
  6. LO2 Understand the differences in ownership and interests relating to leases, licences and mortgages on land.
  7. 2.1 Explain proprietary estoppel.
  8. 2.2 Explain different types of licences.
  9. 2.3 Discuss how legal mortgages are created and how these are protected.
  10. 2.4 Explain remedies a lender has where a borrower defaults.
  11. LO3 Understand the legal situation relating to land interests and evaluate applicable statutory and common law measures.
  12. 3.1 Explain the distinction between restrictive covenants and positive covenants.
  13. 3.2 Analyse limitations on absolute ownership of land.
  14. 3.3 Define characteristics of easements and how these can be created.
  15. 3.4 Evaluate the impact of easements and enforcement of easements on absolute ownership of land.
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