Newcastle University

Aims

To appreciate the purpose and context of land law and to develop a sound knowledge and understanding of the basic principles underlying land law.

Original Summary:
Writing in the early eighteenth century, Richard Cantillion claimed that all classes and individuals in a State subsist or are enriched at the expense of the proprietors of the land. Over the intervening years land ownership has lost the great importance that it then had in society. Nevertheless, the law still treats land differently from other, types of property. In this course we examine the legal rules and principles underpinning peoples rights over land. We look at the changes which have been made to the law in this and the last century. We also consider what further changes might be beneficial to society such as whether squatters should be able to gain ownership to land after enough time spent squatting. Land law is a technical subject which many students find difficult at first. It requires mastery of unfamiliar terms and concepts. Over centuries English courts and Parliaments have built a richly detailed structure of great complexity. To understand this structure is one of the intellectual challenges which face a first year law student at Newcastle Law School.

Outline Of Syllabus

Topic 1: Introduction - Overview
      Distinction between real and personal property - tenure and estates - ownership and possession.

*       Topic 2: Law, Equity, legislative developments and unregistered land
      Law and equity - the doctrine of notice - the background to and purpose of the 1925 legislation - land charges, registration of title, overreaching; the 1996 reform

*       Topic 3: Registered title to land
      Distinction between registered and unregistered land - the protection of third party rights, minor interests and overriding interests - the scheme for registered title - contract and conveyance.

*       Topic 4: Leases
      Term of years absolute - types of lease - exclusive possession - creating a lease - position of the tenant - position of the landlord - leasehold covenants - determination of tenancies - security of tenure.

*       Topic 5: Acquiring title by limitation (adverse possession)
      General principles - limitation period - requirements for acquisition - elements of adverse possession - interruption – consequences

*       Topic 6: Mortgages
      General concept of the mortgage - common law approach - Equity's transformation of the mortgage - equitable right to redeem and the equity of redemption - creation of a mortgage - position of the mortgagor - position of the mortgagee - sections 101, 103 and 104 LPA 1925 - duty of care.

*       Topic 7: Co-ownership
      Further aspects of the trust of land including the TLATA 1996 - broad features of co-ownership - distinguishing between a joint tenancy and tenancy in common - severance - overreaching - sale by a surviving trustee.

*       Topic 8: Covenants
      Covenants: positive and negative - enforceability - passing the benefit and the burden in common law and equity.

*       Topic 9: Easements
      Easements: nature - acquisition by implied, express or presumed grant- section 62 LPA 1925 - Wheeldon v Burrows.

Teaching Rationale And Relationship

The use of lecturing as the principal teaching method is justified by the technical nature of the subject and the need to provide initial exposition to assist students in achieving the knowledge base. The seminars focus strongly on the skills outcomes, especially the problem-solving skill, and provide the opportunity to demonstrate knowledge, understanding and application.

Assessment Rationale And Relationship

An examination permits students an opportunity to demonstrate understanding of the material and skills. The medium is particularly suitable for assessing problem-solving skills and allows students to demonstrate intended learning outcomes across a broad range of topics within the syllabus.