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 provide students with a sound knowledge and understanding of the various rights and interests that may be acquired and enjoyed in or over the property of another together with the fundamental principles of succession law currently applicable in Ireland.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1
Identify and explain the various rights and interests a party may acquire and enjoy in or over the land of another.
LO2
Demonstrate an in-depth knowledge of the principles of succession law in Ireland.
LO3
Critically analyse the law and employ knowledge and understanding in solving relevant problems.
LO4
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
Incorporeal Hereditaments
• Main features of an Easement
• Common Examples of Easements
• Acquisition of Easements
- Traditional Methods
- Effect of Land and Conveyancing Law Reform Act 2009
• Extinguishment/Discharge of Easements
Freehold Covenants
• Covenants Created Pre December 1st 2009
- The Running of benefit and burden at Common Law and in Equity
- The Rule in Tulk v Moxhay
• Covenants Created On/After December 1st 2009
- S. 49 Land and Conveyancing Law Reform Act 2009
- Schemes of development
• Discharge and Modification
- S. 50 Land and Conveyancing Law Reform Act 2009
Mortgages
• Nature of a Mortgage
• Equity of redemption
• Legal and Equitable Mortgages
• The Rights and Obligations of the Parties to a Mortgage
• Judgment Mortgages
Rights in the Family/Shared Home
• Protection of Non-Owning Spouse/Civil Partner
- Family Home Protection Act 1976
- Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
- Equitable Interests
Licences and Rights of Residence
• The Concept of a Licence
• Types of Licence
- Bare Licences.
- Licence coupled with an Interest
- Contractual Licences - position of third parties
- Estoppel Licences
• Rights of Residence
- General and Special
Adverse Possession
• Statute of Limitations 1957
• Qualifying Criteria
• Animus Possidendi
• Future Purposes of Paper Owner
• Leasehold Property
Succession Law
• The Succession Act, 1965 (as amended by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010)
• Testate Succession
- Wills – requirements for a valid will.
- Operation of wills
- Construction of wills
- Rights of the spouse/civil partner and children
• Intestate Succession
Assessment Breakdown
%
Project
30.00%
End of Module Formal Examination
70.00%
Continuous Assessment
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Project
Students will be assigned either a hypothetical problem scenario or essay
midway through semester. They will be required to research the issues
involved, in accordance with clearly defined instructions and present their
findings and proposals.
1,3,4
30.00
n/a
No Project
No Practical
End of Module Formal Examination
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Formal Exam
n/a
1,2,3
70.00
End-of-Semester
SETU Carlow Campus reserves the right to alter the nature and timings of assessment