Module Details

Module Code: LAWS H2307_1
Module Title: Land Law and Succession 2
Title: Land Law and Succession 2
Module Level:: 8
Credits:: 10
Module Coordinator: Eileen Doyle
Module Author:: Ivan Sheeran
Domains:  
Module Description: 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 will be able to:
# Learning Outcome Description
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.
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
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
Module Content & Assessment
Assessment Breakdown%
Project30.00%
End of Module Formal Examination70.00%

Assessments

Full Time

Continuous Assessment
Assessment Type Project % of Total Mark 30
Timing n/a Learning Outcomes 1,3,4
Non-marked No
Assessment Description
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.
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
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 14.27 214
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.
  • Albert Keating. (2015), Succession Law in Ireland, Clarus Press, Dublin.
Supplementary Book Resources
  • Wylie. (2017), The Land and Conveyancing Law Reform Act 2009: Annotations and Commentary, 2nd. Bloomsbury Professional.
  • Spierin. (2017), The Succession Act 1965 and related legislation: A Commentary, 5th. Bloomsbury Professional, Ireland.
  • Albert Keating. (2016), Succession Law in Ireland: Principles, Cases and Commentary, Clarus Press, Dublin.
  • 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].
  • Cassidy & Ring. (2010), Landlord and Tenant Law: The Residential Sector, Round Hall (Thomson Reuters).
  • JCW Wylie. (2014), Landlord and Tenant Law, Bloomsbury Professional, Dublin.
  • Bracken & Campbell. (2012), The Probate Handbook Companion, Clarus Press, Dublin.
  • JCW Wylie. (2015), Irish Landlord and Tenant Acts: Annotations, Commentary and Precedents, Bloomsbury Professional, Dublin.
  • Bland. (2015), Easements, 3rd.. Round Hall, Dublin.
  • J.C. Brady. (1995), Succession Law in Ireland, Tottel.
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, Westlaw.ie.
  • 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: