UNIVERSITY OF KENT
Module Specification
1.
The title of the module
Land Law (LW599)
2.
The School which will be responsible for management of the module
Kent Law School
3.
The Start Date of the Module
2010
4.
The cohort of students (onwards) to which the module will be applicable
Students entering the University in 2009
5.
The number of students expected to take the module
350
6.
Modules to be withdrawn on the introduction of this proposed module and consultation with
other relevant Schools and Faculties regarding the withdrawal
7.
The level of the module (e.g. Certificate [C], Intermediate [I], Honours [H] or Postgraduate
[M])
Intermediate
8.
The number of credits which the module represents
15 credits
9.
Which term(s) the module is to be taught in (or other teaching pattern)
Autumn term
10.
Prerequisite and co-requisite modules
Prerequisite: LW316 Foundations of Property.
11.
The programmes of study to which the module contributes
All single and joint honours Law programmes
12.
The intended subject specific learning outcomes and, as appropriate, their relationship to
programme learning outcomes
(a) Knowledge and understanding
12.1
12.2
12.3
The principal concepts of land registration and of property rights in English land law, together
with key cases and statutory provisions. PLO A3
The particular conceptions of Property immanent in the concepts of English land law –
possession-based title; title by registration; property as a right binding various categories of
people outside of a contractual or other personal relationship. PLO A3
Contextual and critical understanding of relevant issues, particular the ‘culture of registration’
and title by registration; squatting ; family property and housing finance issues.
PLO A4 & C7
(b) Skills
1
12.4
12.5
12.6
Problem-avoidance – an ability to recognise potential land law issues and use appropriate
drafting and planning to avoid things going wrong for a hypothetical client. PLO C1b, C2, C3,
C4, C5 & C6b
Problem-solving – an ability to recognise land law issues in a factual situation where things
have gone wrong for a hypothetical client. PLO C1b, C2, C3, C4, C5 & C6b
An ability to analyse English land law contextually and critically. PLO A5 & C7
Note 12.4 and 5 - It is a particular (though not unique) feature of Land law that students can learn to
behave strategically in anticipating, avoiding and negotiating hypothetical problems, as well as
responding to situations in which things have already gone wrong.
Programme Learning Outcomes
A3
The concepts, principles and rules of a substantial range of English legal subjects, including
an in-depth knowledge of some areas of law
A5.
A range of theoretical and critical perspectives which can be applied to the study of law.
A4
The relationship between law and the historical, socio-economic and political contexts in
which it operates
C1.a. Recognise the legal issues arising in a factual situation of limited complexity.
C1.b. Recognise the legal issues arising in a factual situation of a greater complexity.
C2.
Identify and apply the case and statute law relevant to it.
C3.
Provide an informed and reasoned opinion on the possible legal actions arising from it, and
their likelihood of success.
C4.
Identify the legal and related issues which require to be researched.
C5.
Effectively locate and use primary and secondary legal and other relevant sources.
C6a. Conduct guided legal research using a range of resources, both paper and electronic
C7
Critically evaluate an area of law both doctrinally and in terms of its socio-economic and
other consequences.
13.
The intended generic learning outcomes and, as appropriate, their relationship to
programme learning outcomes
(a) Knowledge and understanding
13.1
13.2
Conceptual understanding of English private and public law. Consideration of English land
law is building on concepts and issues about property introduced in Foundations of Property.
Property rights are contrasted with contractual and other personal rights highlighted in
Introduction to Obligations. Private rights over land are contrasted with public rights. PLO A3
Contextual and critical understanding of English law. PLO A4.
(b) Skills
13.3 Legal problem-solving. PLOs C1a-C6a
13.4 Legal research. PLOs C5 and 6a
13.5 Contextual and critical analysis. PLO C7
Programme Learning Outcomes
A3
The concepts, principles and rules of a substantial range of English legal subjects, including
an in-depth knowledge of some areas of law
A4
The relationship between law and the historical, socio-economic and political contexts in
which it operates
C1.a. Recognise the legal issues arising in a factual situation of limited complexity.
C1.b. Recognise the legal issues arising in a factual situation of a greater complexity.
C2.
Identify and apply the case and statute law relevant to it.
C3.
Provide an informed and reasoned opinion on the possible legal actions arising from it, and
their likelihood of success.
C4.
Identify the legal and related issues which require to be researched.
C5.
Effectively locate and use primary and secondary legal and other relevant sources.
C6a. Conduct guided legal research using a range of resources, both paper and electronic.
2
C7
14.
Critically evaluate an area of law both doctrinally and in terms of its socio-economic and
other consequences.
A synopsis of the curriculum
Registration and land transfer
Unregistered, registered and electronic transfer, and rights adverse to title. Constitutive effect of
registration and the impact of registration on conceptions of property in land.
Adverse possession
More on conceptions of property, conceptions of title and registration. Human rights and title.
Adverse possession, squatting, trespass and the position of travellers. Modern case law on adverse
possession and changes in the Land Registration Act 2002.
Owner-occupation
The legal framework of owner-occupation by co-owners: co-ownership, trusts (concentrating on the
express trust), mortgages, overreaching and overriding interests.
Leases
Basics of leases, focused on the terms of commercial leases and on sub-letting / assignment and
influence of the 1995 Landlord and Tenant (Covenants) Act.
Covenants and land development
Freehold covenants – use of restrictive covenants and the relationship with planning control and
with easements (covered in Foundations of Property). Leasehold flats and reform and commonhold.
.
15.
Indicative Reading List
Principal reading will be primary sources (small selection of cases and statutory provisions for
consideration in depth + relevant official publications, e.g. Land Registration for the 21st Century a
Conveyancing Revolution (LC 271, 2002) and LC report 237, 2011 ‘Making Land Work: Easements,
Covenants and Profits à Prendre’ together with a textbook which students will already have been
using in Foundations of Property: K Gray and S. Gray Core Text Series: Land Law, 6th ed., (O.U.P.
2009) or1 7th ed., (O.U.P. 2011).
Further reading will include extracts from J. Dewar and S. Bright (eds) Land Law: Themes and
Perspectives, 1998, Oxford: OUP; H. Lim and A. Bottomley (eds) Feminist Perspectives on Land
Law, 2007, London: Glasshouse; A. Bottomley and S. Wong: ‘Changing Contours of Domestic Life,
Family and Law’ Onati International Series in Law & Society 2009 and relevant specialist periodical
literature, e.g. in ‘The Conveyancer’.
1
Students should have bought the 6th edn for LW316 Foundations of Property in 2010-11 and are not expected to buy the new
edition for this module unless they wish to do so.
3
16.
Learning and Teaching Methods, including the nature and number of contact hours and the
total study hours which will be expected of students, and how these relate to achievement of
the intended learning outcomes
Total study hours expected are 150.
This includes 30 contact hours (or their equivalent online):
 10 hours seminars
 20 hours lectures
Remaining 120 hours will be private study (and some online work in most weeks).
Learning / teaching
method
Purpose
Multiple choice tests
Multiple choice tests preceding each seminar, covering basic
concepts, case law and statutory material, with extensive feedback
to help seminar preparation. Preparatory reading will be the same as
for the seminars.
Tests for the earlier seminars also have a formative function in
relation to the MCT assessment.
MLOs:
12.1 (Understanding principal land law concepts)
12.4 (Land-law problem-avoidance – basic)
12.5 (Land-law problem-solving – basic)
13.1 (Conceptual understanding of English law)
13.3 (Legal problem solving – basic)
Seminar discussion
Seminar discussion will focus mainly on problem-solving and
problem-avoidance, with some critical and contextual learning
building from this. Students are required to do preparatory research.
MLOs:
12.1 (Understanding principal land law concepts)
12.4 (Land-law problem-avoidance)
12.5 (Land-law problem-solving)
12.3 (Contextual and critical understanding of land law)
12.6 (Contextual and critical analysis of land law)
13.1 (Conceptual understanding of English law)
13.3 (Legal problem solving)
13.2 (Contextual and critical understanding of English law)
13.5 (Contextual and critical analysis of English law)
13.4 (Legal research)
Lectures
Lectures are used for various purposes in different parts of the
curriculum (as indicated in para 14). Principally, they are linking the
particular material covered in the related seminar to central themes
of how Property is conceived in English land and to contextual and
critical understanding of the rules.
MLOs:
12.1 (Understanding principal land law concepts)
12.2 (Understanding conceptions of property)
12.3 and 13.2 (Contextual and critical understanding)
4
17.
Assessment methods and how these relate to testing achievement of the intended learning
outcomes
Assessment type
Week
%
Purpose
A multiple choice test
8
10
MCT in Moodle. This assesses the
student’s knowledge of basic concepts,
key cases and key statutory provisions;
and ability to apply that knowledge to
simple problem questions.
MLOs:
12.1 (Understanding principal land law
concepts)
12.5 (Land-law problem-solving)
13.1 (Conceptual understanding of English
law)
13.3 (Legal problem solving)
A problem question.
(Expected length is
2500 words, with
absolute maximum of
3000 words,
excluding footnotes,
quotes and
bibliography.)
10
20
This builds on the first assessment to
assess more detailed legal knowledge,
more advanced problem solving and
avoidance skills . It requires students to
build further on the legal research done for
seminar preparation.
MLOs:
12.1 (Understanding principal land law
concepts)
12.4 (Land-law problem avoidance)
12.5 (Land-law problem-solving)
13.1 (Conceptual understanding of English
law)
13.3 (Legal problem-solving)
13.4 (Legal research)
An essay
(or alternative at the
student’s election.
Expected essay
length is 2500 words,
with absolute
maximum of 3000
words, excluding
footnotes, quotes and
bibliography and
alternatives forms will
have equivalent
limits.)
13
20
This demands more sophisticated
knowledge and skills, building further on
the first two assessments and with more
emphasis than previous emphasis on the
contextual and critical:
Standard: students tackle an essay topic,
demanding some research skill and a
degree of critical and contextual analysis.
MLOs:
12.1 (Understanding principal land law
concepts)
12.2 (Understanding conceptions of
property)
12.3 (Contextual and critical
understanding of land law)
12.6 (Contextual and critical analysis of
land law)
13.1 (Conceptual understanding of English
law)
13.4 (Legal research)
13.5 (Contextual and critical analysis of
English law)
5
Group presentation alternative: a group of
students2 may elect to make a
presentation online and in a seminar on an
aspect of the conceptual and critical
coverage in the relevant seminar.
MLOs:
12.1 (Understanding principal land law
concepts)
12.2 (Understanding conceptions of
property)
12.3 (Contextual and critical
understanding of land law)
12.6 (Contextual and critical analysis of
land law)
13.1 (Conceptual understanding of English
law)
13.4 (Legal research)
13.5 (Contextual and critical analysis of
English law)
Moot alternative: a pair of students may
elect to do a Land Law moot. There is
more emphasis here than in the standard
essay of group presentation on advanced
knowledge and understanding of English
land law and problem-solving skills). But
there are also conceptual and critical
elements: the moot scenarios will all raise
policy arguments and in addition to the
standard moot process students will be
required to submit a written critical
commentary on the policy issues in the
moot scenario.
MLOs:
12.1 (Understanding principal land law
concepts)
12.3 (Contextual and critical
understanding of land law)
12.6 (Contextual and critical analysis of
land law)
12.5 (Land-law problem-solving)
13.1 (Conceptual understanding of English
law)
13.3 (Legal problem-solving)
13.4 (Legal research)
13.5 (Contextual and critical analysis of
English law)
A 2 hour examination
requiring two
questions to be
answered.
50
The student must answer one problem
question. This requires a good knowledge
of the concepts, key cases and statutory
provisions in the relevant area, and an
ability to apply that knowledge to more
complex problems than the earlier multiple
choice test.
The second question must be on a
Of the 20% which this assessment counts towards the total mark for the module, 80% will be for the student’s individual
contribution, 20% for the effective coordination of the individual contributions in the presentation as whole.
2
6
different area of the syllabus. It may be
another problem question (demonstrating
similar knowledge and abilities in a second
area of the syllabus) or an essay question
requiring critical and contextual analysis
as well as knowledge of concepts, key
cases and statutory provisions.
MLOs:
12.1 (Understanding principal land law
concepts)
12.4 (Land-law problem avoidance)
12.5 (Land-law problem-solving)
13.1 (Conceptual understanding of English
law)
13.3 (Legal problem solving)
+ (if an essay question is chosen)
12.2 (Understanding conceptions of
property)
12.3 (Contextual and critical
understanding of land law)
12.6 (Contextual and critical analysis of
land law)
13.2 (Contextual and critical
understanding of English law)
13.5 (Contextual and critical analysis of
English law)
18.
Implications for learning resources, including staff, library, IT and space
Resource implications will not be significant given library resources already present for Foundations
of Property and for the outgoing Property Law module. Student research for group-work may require
a few additional multiple copies but most of this will be in primary sources and other material already
available online.
19.
A statement confirming that, as far as can be reasonably anticipated, the curriculum,
learning and teaching methods and forms of assessment do not present any non-justifiable
disadvantage to students with disabilities
No non-justifiable disadvantage to students with disabilities is anticipated from the curriculum,
learning and teaching methods or forms of assessment.
Statement by the School Director of Learning and Teaching/School Director of Graduate Studies (as
appropriate): "I confirm I have been consulted on the above module proposal and have given advice on the
correct procedures and required content of module proposals"
................................................................
Director of Learning and Teaching/Director of
Graduate Studies (delete as applicable)
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Date
…………………………………………………
Print Name
Statement by the Head of School: "I confirm that the School has approved the introduction of the module
and, where the module is proposed by School staff, will be responsible for its resourcing"
.................................................................
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Head of School
Date
…………………………………………………….
Print Name
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