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 land.

Module web page

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.

Term 1:

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)

Term 2:
This term is designed to respond to recent developments. Thus, the syllabus given is only a sample of the
topics/issues that may be discussed.

Students will study three broad themes: environment, home and critical theories of property. They will make
connections across the themes, and revisit various ideas throughout the module.

It is expected that the first week of the module would consider the landscape of property and
overlapping issues across the themes. The final week of the module would consolidate the course and be largely
dedicated to the upcoming essay summative.
Each theme will be studied for at least 2 weeks.
Theme 1: Environment Topics may include: • The urban social environment • Historic environment • Environmental
regulation and property rights • Protests around property • Technology and property
Theme 2: Home Topics may include: • Housing • Applied aspects • Trusts in the family home • Mortgages in practice •
Leases
Theme 3: Critical theories of property Topics may include: • Colonisation and terra nullius • Commodification and
wealth • Issues with ownership • Property for personhood versus fungible property

Learning outcomes

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

• Understand basic concepts and structure of English land law and able to understand and use primary legal material
• 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
• More advanced (understand at undergraduate degree level) key doctrinal and policy issues through reading primary materials and secondary texts
• Understand the social, political and economic context in which property rights exist and legal decisions are made
• Application of English Law to hypothetical cases relating to property issues
• Work independently to gain understanding of materials/issues in property law without explanatory lectures
• Understand the language of property law, be able to speak and write about property law with accurate use of specific terms
• Work collaboratively to complete defined task within a limited time
• Use internet to access module materials

Indicative reading list

MCFARLANE, HOPKINS AND NIELD, Land Law: text, Cases
and Materials (Oxford)
Gray and Gray Elements of Land Law (Oxford)
SMITH, R., Property Law, (Longman)
LAWSON, F.H. and RUDDEN, B., (1982) The Law of Property,
(2nd edition) Clarendon Press, Oxford
MURPHY, T., ROBERTS, S., and FLESSAS, T., (2004)
Understanding Property Law

View reading list on Talis Aspire

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.