The overall aim of this module is to introduce students to the basic principles of property and succession law applicable in Ireland today which will be of assistance to them in the workplace or in the pursuit of further study options.
Learning Outcomes
On successful completion of this module the learner should be able to:
LO1
Distinguish between the different types of land ownership and explain the rights and obligations involved in each case.
LO2
Identify and explain the various rights an individual may have over or acquire in the land of another.
LO3
Distinguish between the different systems of land registration in Ireland and recognise the main features of such.
LO4
Demonstrate working knowledge of the basic principles of testate and intestate succession in Ireland.
LO5
Employ knowledge and understanding in solving relevant problems.
LO6
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
Foundational Concepts (2%)
• The Meaning of Property
• Distinction between Ownership and Possession
Types of Ownership (50%)
• Meaning of an Interest in Land
• Basic distinction between legal and equitable interests
Possessory Interests
• Freehold
o Fee Simple
o Life Estate – effect of Land and Conveyancing Law Reform Act 2009
• Leasehold
o Relationship of Landlord and Tenant
o Contractual basis of relationship under Deasy’s Act 1860
o Distinction between lease and licence
o Distinction between leases and tenancies
o Meaning of Assignment and subletting
o Common covenants (express and implied).
o Right to a New Tenancy - Residential and Commercial – Practical Considerations
Non-Possessory Interests
• Easements
o Essential Features of an Easement
o Examples of Common Easements
• Freehold Covenants.
o Enforceability and Discharge under the Land and Conveyancing Law Reform Act 2009
o Schemes of Development – Rules in Elliston v Reacher
Co-ownership (5%)
• Basic distinctions between Joint Tenancy and Tenancy in Common
Rights in the Family Home (7%)
• Protection of Non-Owning Spouse/Civil Partner
o Family Home Protection Act 1976
o Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
Mortgages (8%)
• Nature of a Mortgage
• Equity of redemption
• Types of Mortgage
o Legal
o Equitable
o Judgment Mortgages
Systems of Land Registration (12%)
• Role of Property Registration Authority
- Registration of Deeds and Title Act 2006
• Unregistered Land
o Registry of Deeds
o The Registration of Deeds (Ireland) Act 1707.
o Documents Registerable.
o Searches, Priorities, The Doctrine of Notice.
o Effect of the Bona Fide Purchaser Defence.
• Registered Land
o Land Registry
o Registration of Title Act 1964
o Classes of Title
o Conclusiveness of Register
o Overriding interests and the section 72 Declaration
Adverse Possession (6%)
• Meaning of Adverse Possession.
• Basic requirements for Adverse Possession.
• Statute of Limitations 1957
Succession Law (10%)
• The Succession Act, 1965 (as amended by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010)
• Testate Succession
o Wills – requirements for a valid will.
o Operation of wills
o Construction of wills
o Rights of the spouse/civil partner and children
• Intestate Succession
Assessment Breakdown
%
Continuous Assessment
50.00%
Project
50.00%
Continuous Assessment
Assessment Type
Assessment Description
Outcome addressed
% of total
Assessment Date
Case Studies
n/a
50.00
n/a
Portfolio
50
0.00
n/a
No Project
No Practical
No End of Module Formal Examination
SETU Carlow Campus reserves the right to alter the nature and timings of assessment