Module Details
Module Code: |
LAWS H2307_1 |
Module Title:
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Land Law and Succession 2
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Title:
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Land Law and Succession 2
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Module Level:: |
8 |
Module Coordinator: |
Eileen Doyle
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Module Author:: |
Ivan Sheeran
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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.
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Learning Outcomes |
On successful completion of this module the learner will be able to: |
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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.
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No recommendations listed |
Co-requisite Modules
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No Co-requisite modules listed |
Additional Requisite Information
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No Co Requisites listed
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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
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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
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Mortgages
• Nature of a Mortgage
• Equity of redemption
• Legal and Equitable Mortgages
• The Rights and Obligations of the Parties to a Mortgage
• Judgment Mortgages
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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
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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
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Adverse Possession
• Statute of Limitations 1957
• Qualifying Criteria
• Animus Possidendi
• Future Purposes of Paper Owner
• Leasehold Property
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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
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Module Content & Assessment
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Assessment Breakdown | % |
Project | 30.00% |
End of Module Formal Examination | 70.00% |
AssessmentsFull Time
End of Module Formal Examination |
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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.
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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 |
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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
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Recommended Book Resources |
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Howlin & McGrath. (2018), Lyall on Land Law, 4th. Round Hall, Ireland, [ISBN: 9780414066342].
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J.C.W. Wylie. (2020), Irish Land Law, 6th. Bloomsbury Professional, p.1664, [ISBN: 9781526513472].
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Maddox & Adanan. (2020), Irish Land Law: A Casebook, Thomson Reuters, Ireland, [ISBN: 9780414080355].
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De Londras. (2011), Principles of Irish Property Law, 2nd.. Clarus Press, Dublin.
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Albert Keating. (2015), Succession Law in Ireland, Clarus Press, Dublin.
| Supplementary Book Resources |
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Wylie. (2017), The Land and Conveyancing Law Reform Act 2009: Annotations and Commentary, 2nd. Bloomsbury Professional.
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Spierin. (2017), The Succession Act 1965 and related legislation: A Commentary, 5th. Bloomsbury Professional, Ireland.
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Albert Keating. (2016), Succession Law in Ireland: Principles, Cases and Commentary, Clarus Press, Dublin.
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Sandra Murphy (Lawyer),Padraic Kenna. (2019), EConveyancing and Title Registration in Ireland, Clarus Press, Ireland, [ISBN: 9781911611134].
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Robert A. Pearce,John Mee. (2011), Land Law, 3rd. Round Hall - ELT Series, Ireland, [ISBN: 9781858005928].
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Cassidy & Ring. (2010), Landlord and Tenant Law: The Residential Sector, Round Hall (Thomson Reuters).
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JCW Wylie. (2014), Landlord and Tenant Law, Bloomsbury Professional, Dublin.
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Bracken & Campbell. (2012), The Probate Handbook Companion, Clarus Press, Dublin.
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JCW Wylie. (2015), Irish Landlord and Tenant Acts: Annotations, Commentary and Precedents, Bloomsbury Professional, Dublin.
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Bland. (2015), Easements, 3rd.. Round Hall, Dublin.
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J.C. Brady. (1995), Succession Law in Ireland, Tottel.
| Supplementary Article/Paper Resources |
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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.
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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.
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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.
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Justis. Justis, JustisOne - (available through IT Carlow
Library portal) - provides extensive
access to The Irish Reports and Irish
Digests.
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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 |
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Property Registration Authority of
Ireland. PRAI website,
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www.courts.ie, for unreported cases of the Superior
Courts 2002-present.
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www.baillii.org/ie/legis and
www.ucc.ie/law/irlii/criminallc.htm, for free access to law updates and
leading Irish cases.
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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.
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