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Intro to property law
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What is property - defined.
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Property Law – Week 13 Lecture NotesWHAT DOES PROPERTY MEAN
So, what’s this module about?
This module will introduce you to some basic concepts of property. It
lays the foundations for two modules you’ll go on to study:
• Land Law (2L)
• Equity and Trusts Law (2L)
• The course also introduces you to some broader questions about
property, such as:
• What is property?
• What does property do? ** These topics
• What is distinct about property law? will be the
basis of the
• Are there alternative ways to understand ownership?
• What limits are there to ownership?
To this end we’ll cover a range of topics, focusing primarily on
examples of property laws found in land law and equity and trusts
law, including:
• What is Property and why do we have property law?
• Possession and ownership
• Land law examples of property rules:
• Leases and Licences
• Town & Village Greens ** Main
• Easements Topics for
• Trusts law & property: co-ownership
• Indigenous land rights
• Revisiting the meaning of property in law
• Exploring the relationship between property and power
• Thinking about property – there is a CLASSIC ACCOUNT OF
PROPERTY: That property is all about being able to exclude
people, and then some ways in which this account does not
properly capture the way property operates, thinking about
, different types of property, thinking about the claimed benefits of
property – why we need property as a concept and how it benefits
us.
• We’ll think about how you get property, and the role of the State in
relation to that distribution of property. So, it will link to thinking
about liberalism and the idea of a public/private divide and liberal
citizen, which comes up in Public Law. Limited state, rule of law,
private rights.
• The central role that possession plays in ownership of property
• Property vs contract – the lease/licence distinction
Required reading
• Alison Clarke; Principles of Property Law (2020).
• The module outline; available from Moodle.
• This contains a course overview and key information about the
teaching schedule and assessments.
• The seminar worksheets; available from Moodle.
• Please use these to prepare and have a copy available
when you attend seminars.
Assessment
Your final mark for this module will be calculated on the basis of:
• A 2,000-word piece of coursework worth 50% of the final module
mark. The question will be on Moodle, and we will be holding a
seminar on the coursework in week 20.
The coursework is due at 14:00 on Friday, 9th April 2021 (the last
day of term).
• A two-hour exam in the summer term worth 50% of the final
module mark. We will discuss how to prepare for this nearer the
time.
Teaching arrangements
This module is taught primarily on the basis of:
• Two hours of lectures per week – available online.
• One seminar per week via Zoom, as set out on your timetable.
o There will also be mini tasks, which will be available on a
Tuesday each week.
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