Module Details

Module Code: LAWS H2307
Module Title: Land Law and Succession 1
Title: Land Law and Succession 1
Module Level:: 8
Credits:: 5
Module Coordinator: Eileen Doyle
Module Author:: Ivan Sheeran
Domains:  
Module Description: 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 will be able to:
# Learning Outcome Description
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.
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Co-requisite Modules
No Co-requisite modules listed
Additional Requisite Information
No Co Requisites listed
 
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
Module Content & Assessment
Assessment Breakdown%
Continuous Assessment30.00%
End of Module Formal Examination70.00%

Assessments

Full Time

Continuous Assessment
Assessment Type Project % of Total Mark 30
Timing n/a Learning Outcomes 1,2,3,4,5
Non-marked No
Assessment Description
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.
No Project
No Practical
End of Module Formal Examination
Assessment Type Formal Exam % of Total Mark 70
Timing End-of-Semester Learning Outcomes 1,2,3,4
Non-marked No
Assessment Description
n/a
Reassessment Requirement
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.

SETU Carlow Campus reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description 12 Weeks per Stage 3.00 36
Estimated Learner Hours Non Contact No Description 15 Weeks per Stage 5.93 89
Total Weekly Contact Hours 3.00
Workload: Part Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description Every Week 1.50 1.5
Total Weekly Contact Hours 1.50
 
Module Resources
Recommended Book Resources
  • Howlin & McGrath. (2018), Lyall on Land Law, 4th. Round Hall, Ireland, [ISBN: 9780414066342].
  • J.C.W. Wylie. (2020), Irish Land Law, 6th. Bloomsbury Professional, p.1664, [ISBN: 9781526513472].
  • Maddox & Adanan. (2020), Irish Land Law: A Casebook, Thomson Reuters, Ireland, [ISBN: 9780414080355].
  • De Londras. (2011), Principles of Irish Property Law, 2nd.. Clarus Press, Dublin.
Supplementary Book Resources
  • Wylie. (2017), The Land and Conveyancing Law Reform Act 2009: Annotations and Commentary, 2nd. Bloomsbury Professional.
  • Sandra Murphy (Lawyer),Padraic Kenna. (2019), EConveyancing and Title Registration in Ireland, Clarus Press, Ireland, [ISBN: 9781911611134].
  • Robert A. Pearce,John Mee. (2011), Land Law, 3rd. Round Hall - ELT Series, Ireland, [ISBN: 9781858005928].
  • JCW Wylie. (2014), Landlord and Tenant Law, Bloomsbury Professional, Dublin.
  • JCW Wylie. (2015), Irish Landlord and Tenant Acts: Annotations, Commentary and Precedents, Bloomsbury Professional, Dublin.
  • Cassidy & Ring. (2010), Landlord and Tenant Law: The Residential Sector, Round Hall (Thomson Reuters).
Supplementary Article/Paper Resources
  • Lexis Nexis. Lexis Nexis (LNB) Legal Database (available through the IT Carlow Library portal) – provides access to various UK & Irish Cases (All England Law Reports, The Irish Reports etc) and UK Law Journals together with International Legal Information., LNB.
  • LNB. LexisLibrary Irish Property - http://www.library.itcarlow.ie/record=b1 030850~S0 – provides online access to the main Irish texts on property law, conveyancing and succession law., Lexis Nexis.
  • Westlaw. WestlawIE (available through IT Carlow Library portal) – provides access to various Irish case law reports such as ILRM and ILTR dating back to 1867 and journals including the Conveyancing and Property Law Journal and Irish Law Times, WestlawIE.
  • Justis. Justis, JustisOne - (available through IT Carlow Library portal) - provides extensive access to The Irish Reports and Irish Digests.
  • IT Carlow Library. Extensive collection of hard copy resources in the IT Carlow LRC such as the Irish Reports, the Irish Law Reports Monthly and various UK case reports together with relevant journals such as the Irish Law Times which provide crucial updates and critic, www.itcarlowlibrary.ie.
Other Resources
  • Property Registration Authority of Ireland. PRAI website,
    http://www.prai.ie
  • www.courts.ie, for unreported cases of the Superior Courts 2002-present.
  • www.baillii.org/ie/legis and www.ucc.ie/law/irlii/criminallc.htm, for free access to law updates and leading Irish cases.
  • Law Reform Commission of Ireland. www.lawreform.ie, for revised Acts of the Oireachtas and all the latest reports and consultation papers published by the Law Reform Commission.
Discussion Note: