LAW1122 : Land Law
- Offered for Year: 2018/19
- Module Leader(s): Dr Bronwen Jones
- Lecturer: Dr Derek Whayman, Miss Jennifer Stephens
- Owning School: Newcastle Law School
- Teaching Location: Newcastle City Campus
|Semester 1 Credit Value:||10|
|Semester 2 Credit Value:||10|
This module aims to allow the student to appreciate the purpose and context of land law and to develop a sound knowledge and understanding of the basic principles underlying land law.
"Since land provides the physical substratum for all social and economic interaction, the law of land is inevitably an expression of social status and an instrument of social engineering. All of us - even the truly homeless -live somewhere, and each therefore stands in some relation to land as owner-occupier, tenant, licensee or squatter. In this way land law impinges upon a vast area of social orderings and expectations, exerting a fundamental influence on the lifestyles of ordinary people."
Kevin Gray, Elements of Land Law, Butterworths, 1988, p6.
In this course we examine the legal rules and principles underpinning people's rights over land. We look at the changes which have been made to the law in this and the last century and whether further changes might be beneficial to society.
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. Legislative developments – estates and interests in land – law and equity
Topic 2: Land Registration
Registration of title – the issue of priority – overreaching– the protection of third party rights, minor interests and overriding interests – the scheme for registered title – contract and conveyance
Topic 3: Co-ownership
Features of co-ownership – The trust of land including the TLATA 1996 – distinguishing between a joint tenancy and tenancy in common – severance – overreaching – sale by a surviving trustee – TLATA 1996 sections 14 and 15
Topic 4: Easements
Easements: nature Re-Ellenborough Park; acquisition by express or presumed grant – acquisition by implication: section 62 LPA 1925 – Wheeldon v Burrows – necessity – common intention – reform proposals
Topic 5: Leases
The distinction between a lease and a licence.– creating a lease/term of years absolute – types of lease – exclusive possession –– position of the tenant – position of the landlord – security of tenure – ability to bind a purchaser
Topic 6: Acquiring title by limitation (adverse possession)
General principles – limitation period – requirements for acquisition – elements of adverse possession – interruption – consequences
Topic 7: 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 105 LPA 1925 – duty of care –
|Scheduled Learning And Teaching Activities||Lecture||30||1:00||30:00||N/A|
|Scheduled Learning And Teaching Activities||Small group teaching||5||1:00||5:00||N/A|
|Scheduled Learning And Teaching Activities||Drop-in/surgery||1||1:00||1:00||N/A|
|Guided Independent Study||Independent study||1||164:00||164:00||N/A|
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.
'Drop-in/surgery' contact time is provided in this module as part of the Law School assessment and feedback policy such that markers and/or module leaders will offer the opportunity for one-to-one oral feedback on students' written work, in addition to written feedback on coursework front sheets and generic class feedback. The time given above is merely indicative and more time may be scheduled if necessary to meet the demand for individual feedback.
The format of resits will be determined by the Board of Examiners
|Written Examination||135||2||A||100||Students will be required to answer three questions from a choice of six.|
Assessment Rationale And Relationship
Summative assessment is provided by means of an examination. 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.
Additionally students will submit a formative essay in Semester 1. As a part of LAW1110, students will also sit a formative examination covering one question for LAW1110 and one question for LAW1122 in January. This midsessional examination will provide students with the opportunity to experience university examination conditions. Both formative assessments will provide the opportunity to test their knowledge and understanding of discrete topics and to practice their written skills and the cognitive skills of analysis, synthesis, critical judgment and evaluation.