University of Surrey - Guildford
Registry
  
 

  
 
Registry > Module Catalogue
View Module List by A.O.U. and Level  Alphabetical Module Code List  Alphabetical Module Title List  Alphabetical Old Short Name List  View Menu 
2010/1 Module Catalogue
 Module Code: LAW1003 Module Title: PROPERTY LAW 1
Module Provider: School of Law Short Name: LAW109
Level: HE1 Module Co-ordinator: MALCOLM RN Prof (Schl of Law)
Number of credits: 30 Number of ECTS credits: 15
 
Module Availability
Yearly
2½  hours per week (2 one hour lectures and 1 tutorial fortnightly)
Assessment Pattern

Components of Assessment
Method(s)
Percentage weighting
Coursework
 
Students will be required to undertake two pieces of assessed coursework not exceeding 1500 words each. Coursework should demonstrate computer literacy, both in its presentation and content where familiarity with electronic databases should be shown. Copied or plagiarised course-work will be totally rejected and appropriate sanctions applied.
25%
 
Three-hour examination
 
The examination will cover not only those areas dealt with in lectures and tutorials but also those included in general and guided reading. Students are advised that persistent non-attendance at classes may affect performance in the assessment process.
75%
 

Module Overview
Prerequisites/Co-requisites
None
Module Aims
This module introduces the principles of equity and the development of the law of real property in and . The primary objectives of the module are to develop an understanding of the underlying principles and rules relating to land law and trusts and to develop the skills necessary to be able to apply land law to problem scenarios.
 
Students address such questions as:
  • How has Equity influenced the development of land law?
  • How do the equitable maxims and doctrines relate to land law?
  • What are the differences between legal and equitable interests?
  • What is the impact of human rights on property rights?
  • What does it mean to own property?
  • What are the different types of estates and interests in modern land law?
  • What is a trust?
Learning Outcomes
Having studied this module, students should:
  1. Demonstrate understanding of the historical, social, economic and political influences on the development of Land Law and the application of human rights;
  2. Demonstrate understanding of the distinction between real and personal property;
  3. Demonstrate understanding of the distinction between estates and interests;
  4. Demonstrate understanding of the distinction between legal and equitable rights and remedies in relation to land;
  5. Demonstrate understanding of the nature of the trust;
  6. Demonstrate an understanding of the relationship between the conceptual frameworks that underpin land law and the resulting statute and case law;
  7. Be able to demonstrate their ability to critically analyse the substance, structures and application of land law;
  8. Have undertaken an appropriate degree of sustained and systematic research that identifies concerns arising from a number of topics, or line of enquiries in relation to land law and have developed the skills necessary to carry out independent research, using a variety of sources (e.g. case-law, statutes, newspapers, journals and electronic information sources);
  9. Be able to apply this knowledge to practical problems and demonstrate development of problem solving skills.
Assessment Criteria
A. Content
  1. Identification of Issues
    Students should demonstrate the ability to identify the legal issues raised by the title.
  2. Research
    Students should demonstrate that they have undertaken appropriate research of both primary (e.g. cases and statutes) and secondary sources (e.g. journal articles and texts). Recognition should be had to the significant contribution authoritative academic viewpoints make to the subject. All legal authorities and other source material should be properly cited and a bibliography included with coursework.
  3. Analysis of the Law and Application to the Question
    Students should demonstrate the ability to analyse the relevant law, recognising gaps and inconsistencies, and to apply it to the issues raised by the title.
  4. Evaluation and Synthesis
    The law should be subjected to critical analysis and, where appropriate, a consideration of its wider context.
  5. Conclusions
    Students should demonstrate the ability to reach appropriate conclusions drawn from their analysis of the law and of the issues raised by the question. Depending upon the nature of the question, such conclusions may appear in the course of analysis or in a concluding section.

 B. Presentation
  1. Structure
  2. Clarity of expression
  3. Conciseness
  4. Grammar, Spelling and Punctuation
  5. Legibility 
The assessment strategy is designed to discover whether the student has understood the main principles of land law; has acquired a detailed knowledge of current rules and can apply them to problems; has undertaken the required reading; and is aware of proposals for reform.
Module Content
  1. History of modern land law and trust law: common law and equity
  2. Equitable maxims and doctrines
  3. Estates and tenure
  4. Classification of property
  5. Freehold estates
  6. Leases and licences
  7. Creation and transfer of interests in land
  8. Trusts of Land
  9. Proprietary estoppel
  10. Third party rights in land
  11. Principles of registration of land
Methods of Teaching/Learning

The method of teaching is by lectures, tutorials and group work.   The lectures will introduce the students to the subject areas and provide an overview to enable students to understand the basic principles and underlying concepts.   The tutorials will open out the subject and consider the key principles of property law, while applying the law to set problems, as well as giving students an opportunity to clarify points they do not understand. The group work activities will enable the students to work jointly on the solution of problems and to engage in critical discussion.  

Students will be expected to research topic areas in preparation for tutorials, to prepare argument for group work and must demonstrate that they have undertaken the required reading. In dealing with tutorial questions, students will be expected to present logical arguments founded on legal authorities, and to give comprehensive advice on practical problems. The students must demonstrate their engagement in group exercises.  The teaching and learning strategy is designed to stimulate private study using derivative and original sources both paper-based and electronic.

Selected Texts/Journals
Expected purchase:
 
Gray & Gray Land Law (Butterworths Core Text, OUP 4th edition 2006), or

Gray & Gray, Elements of Land Law (OUP 4th edition 2005); or

Oakley Megarry’s Manual of the Law of Real Property (Sweet & Maxwell 8th edition 2002);  and Property Law Statutes 2006/2007 (any set)
 
Indicative reading:
 
MacKenzie & Phillips Textbook on Land Law (OUP 11th ed. 2006) 
 
Smith, Property Law (Longman 4th edition 2003)
 
Reference books:
 
Cooke: The Modern Law of Estoppel (Oxford University Press, 2000
 
Hanbury & Martin: Modern Equity (Sweet & Maxwell 16th edition 2001)Maitland: Equity (Cambridge University Press 1936) 
 
Oakley: Constructive Trusts (Sweet & Maxwell 3rd edition 1997)
 
Pearce & Stevens: The Law of Trusts and Equitable Obligations (Butterworths 3rd edition 2002) 
 
Rook: Property Law and Human Rights (Blackstone Press 2001) 
 
Ruoff & Roper: Registered Conveyancing (Sweet & Maxwell – loose leaf edition) 
 
Woodfall: Law of Landlord & Tenant (Sweet & Maxwell – loose leaf edition)
 
Journals and Periodicals:
 
Cambridge Law Journal
 
Conveyancer 
 
Estates Gazette 
 
Law Quarterly Review 
 
Modern Law Review 
 
New Law Journal
 
Law Reports:
 
Law Reports, Weekly Law Reports and All England Law Reports
 
Estates Gazette Law Reports
 
Family Law Reports
 
Housing Law Reports 
 
Property and Compensation Reports
 
Useful Web Sites:

 
Last Updated

22.11.06