Module Details

LW109-4-SP-CO: Foundations Of Property Law

Year: 2016/17
Department: Law (School of)
Essex credit: 15
ECTS credit: 7.5
Available to Study Abroad / Exchange Students: Yes
Full Year Module Available to Study Abroad / Exchange Students for a Single Term: No
Outside Option: No

Staff
Supervisor: TBA
Teaching Staff: TBA
Contact details: Laurence Wells, Administrator, telephone: 01206 872852 email: ljwells@essex.ac.uk

Module is taught during the following terms
Autumn Spring Summer

Module Description

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.

Learning and Teaching Methods

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

100 per cent Coursework Mark

Other information

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

Bibliography

  • Diane Chappelle, Land Law, 8th Edition, Pearson Longman, 2008
  • Richard Edwards & Nigel Stockwell, Trusts and Equity, 12th Edition, Pearson Education, 2015
  • Kevin Gray and Susan Francis Gray, Land Law, 7th Edition, Oxford University Press, Core Text Series, 2011
  • Gary Watt, Equity and Trusts Law , Directions series, 4th Edition, Oxford University Press, 2014

Further information