Introductory description

This module focuses on the role of law in the implementation of ideas and policies concerned with the ownership, use and development of property. Students will examine - and critique - the basics concepts of English and Welsh property law. They will study the most common property rights and interests impacting land.

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Introduction – what is property?

• Ideas of property; the bundle of rights theory
• The distinction between property and ownership
• Dividing up the concept of property
• The definition of land

Ownership

• History of land law in terms of ownership
• The commodification of land
• Locke and private property (privatisation of land)
• Colonial critique

Title

• Estates/interests
• Formally acquired interests
• Relativity of title
• Enforceability of title
• Registering title (relationship with ownership)

Possession (i.e. informally acquired interests)

• Possession as the basis for bringing claims for property
• Adverse possession

Interests

• Introduction to interests
• Focus on easements (What is an easement? Is a right capable of being an easement?)
• Focus on covenants (What is a covenant? How is the burden passed?)
• Priority of interests (Protection through registration; overriding interests)

Learning outcomes

By the end of the module, students should be able to:

• Understand the basic concepts and structure of English land law and able to understand and use primary legal material
• Understand the social, political and economic context in which property rights exist and legal decisions are made
• Ability to apply English Law to hypothetical cases relating to property issues
• Ability to analyse, evaluate and form critical judgements on individual cases/statutory provisions, analyse form critical judgements on a series of linked materials on a discreet topic related to property law
• Understand the language of property law, be able to speak and write about property law with accurate use of specific terms
• Ability to propose potential policy and/or reform to an area of property law
• Provide comprehensive and clear written advice to a hypothetical client

Indicative reading list

Reading lists can be found in Talis

Research element

Students will conduct research into legal cases, academic literature and other source material.

Interdisciplinary

Students will consider elements of philosophy, politics and social and economic policy within the module.

Subject specific skills

• Legal and policy research
• Legal writing
• Case analysis
• "Reading" property law
• Critiquing and proposing policy/law reform

Transferable skills

• Critical analysis
  -Written and oral presentation
• Collaborative working
• Understand and summarise material, including academic commentary.
• Time management.