Module Title:Land Law and Succession 1
Language of Instruction:English
Credits: 5
NFQ Level:8
Module Delivered In 1 programme(s)
Teaching & Learning Strategies: Lectures - communication of knowledge and ideas from the lecturer to the student. Problem Solving Exercises - student will work as part of a team and will work together to resolve various legal scenarios. Class Discussion/Debate - Students will be encouraged to actively participate in the class sessions which will develop their analytical and communication skills. E-Learning - the module will be supported with on-line learning materials. Self-Direct Independent Learning - the emphasis on independent learning will develop a strong and autonomous work and learning practices.
Module Aim: The aim of this module is to introduce students to the historic and contemporary influences on Irish land law and the fundamental principles underpinning different categories of land ownership in Ireland.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1 Demonstrate a sound understanding of the origins of land law (including the role of equity) and its continuing impact on the concept of land ownership.
LO2 Distinguish between the different types of land ownership and explain the rights and obligations involved in each case.
LO3 Understand the systems of property registration in Ireland and the importance of these systems to the recognition and enforceability of rights and interests in or over land.
LO4 Critically analyse the law and employ knowledge and understanding in solving relevant problems.
LO5 Research aspects of land and succession law either independently or as part of a group and communicate findings and proposals in written and/or verbal form.
Pre-requisite learning
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.

No recommendations listed
Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements
This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed.
No requirements listed
 

Module Content & Assessment

Indicative Content
Introduction to Land Law
• Historical Origins – The Influence of Feudal Tenure • Important terminology • The Meaning of ‘Ownership’ • Distinction between freehold and leasehold ownership
Influence of Equity
• Historical Development • The Concept of Equitable Interests and Estates • Evolution of the Use to the Modern Trust - Statute of Uses (Ire) 1634 - S.62 Land and Conveyancing Law Reform Act 2009 • The Doctrine of Notice Trusts of Land - Part IV Land and Conveyancing Law Reform Act 2009
Freehold Ownership
• The Fee Simple - Fee simple Absolute - Modifed Fees Simple - Validity of Conditionality Attached • The Fee Tail • The Life Estate • Hybrid Estates - Leases for Lives - Fee Farm Grants • Effect of Part 2 Land and Conveyancing Law Reform Act 2009
Leasehold Ownership
• Nature of Landlord and Tenant Relationship • Lease/Licence Distinction • Formalities and Equitable Leases • Covenants • Statutory Control of Tenancies - Landlord and Tenant (Amendment) Act 1980 Ss 66,67– covenants relating to assignment and subletting - Landlord and Tenant (Amendment) Act 1994 Part II – rights to a new tenancy under Business Equity and Improvement Equity - Residential Tenancies Acts 2004 (as amended) – rights and obligations of private landlords and tenants, Residential Tenancies Board.
Co-Ownership
• Joint Tenancy - Main features - Creation - Severance - Commorientes • Tenancy in Common - Main Features - Creation • Termination of Co-Ownership
Systems of Land Registration
• Property Registration Authority - Registration of Deeds and Title Act 2006 • Unregistered Land - Registry of Deeds - The Registration of Deeds (Ireland) Act 1707. • Registered Land - Land Registry - Registration of Title Act 1964 - Conclusiveness of Register - Overriding interests
Assessment Breakdown%
Continuous Assessment100.00%
Continuous Assessment
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
Examination In-class assessment comprising a series of short questions and structured problem scenarios. 1,2,3,4 50.00 n/a
Project Students will be assigned either a hypothetical problem scenario or essay in second half of semester. They will be required to research the issues involved, in accordance with clearly defined instructions and present their findings and proposals. 1,2,3,4,5 50.00 n/a
No Project
No Practical
No End of Module Formal Examination

ITCarlow reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Frequency Average Weekly Learner Workload
Lecture 12 Weeks per Stage 3.00
Estimated Learner Hours 15 Weeks per Stage 5.93
Total Hours 125.00
Workload: Part Time
Workload Type Frequency Average Weekly Learner Workload
Lecture Every Week 1.50
Total Hours 1.50
 

Module Delivered In

Programme Code Programme Semester Delivery
CW_HHLAW_B Honours Bachelor of Laws Degree - LLB 3 Mandatory