LAW08030 0000 Property Law

General Details

Full Title
Property Law
Transcript Title
Property Law
Code
LAW08030
Attendance
N/A %
Subject Area
LAW - Law
Department
SOCS - Social Sciences
Level
08 - NFQ Level 8
Credit
05 - 05 Credits
Duration
Semester
Fee
Start Term
0000 - The Beginning of Time
End Term
9999 - The End of Time
Author(s)
Breda McTaggart, John Weir, Lorraine Murphy
Programme Membership
SG_GLAWB_H08 202100 Bachelor of Arts (Honours) in Law and Business
Description

This module is designed to equip the learner with an introduction to the concepts governing ownership, use and occupation of property in the Republic of Ireland relevant to modern property transactions. The importance of the Land and Conveyancing Law Reform Act 2009 in modernising Irish Property Law will be explored and analysed in dealing with the transfer of property. The learner will critically analyse conveyancing transactions including a sale, purchase and lease of property and appreciate the difference between Freehold and Leasehold property, the importance of Co-Ownership, Succession Law, Mortgages and the use of property as security in the transfer of property.

Learning Outcomes

On completion of this module the learner will/should be able to;

1.

Examine the importance of ownership, use and occupation of property in the Republic of Ireland.

2.

Evaluate the significance of Common Law, Equity and Legislation as sources of Property Law.

3.

Critically analyse the changes brought about by the Land and Conveyancing Law Reform Act 2009.

4.

Critically explore a conveyancing sale, purchase and lease of property independently applying concepts and skills learned.

5.

Collaborate with a team in solving legal problems that may arise in property transactions.

Teaching and Learning Strategies

The teaching and learning strategy is one which is founded on student-centred active learning. The module is designed to accommodate blended learning.  A range of Computer-Aided Learning (CALL) packages are available to support this module (e.g. Moodle, Adobe Connect, Panopto, Microsoft Teams).  The learner will be supported in developing an understanding of the theory and key principles in this area and how these apply in the commercial environment.

Module Assessment Strategies

This module will be assessed by Continuous Assessment (30%) and end of semester exam (70%). Each year the model of assessment for Continuous Assessment will be determined based on the learner audience and may vary from a Case study, Presentation, Moodle Quiz, Written Report, Other.

Repeat Assessments

Repeat assessment/exam will be developed as appropriate to assess failed components.

Indicative Syllabus

(LO1: Examine the importance of ownership, use and occupation of property in the Republic of Ireland)

1.  Introduction to Property Law

  • Ownership, use and occupation of Irish Property

(LO2: Evaluate the significance of Common Law, Equity and Legislation as sources of Property Law)

2. Sources of Property Law

  • Common Law
  • Equity 
  • Legislation

(LO3: Critically analyse the changes brought about by the Land and Conveyancing Law Reform Act 2009)

3.  Modernisation of Irish Property Law: Land and Conveyancing Law Reform Act 2009

  • Freehold and Leasehold Ownership
  • Mortgages
  • Transfer of Land
  • Succession Law

(LO4: Critically explore a conveyancing sale, purchase and lease of property independently applying concepts and skills learned)

4.  Conveyancing considerations : Purchase / Sale / Lease of property

  • Process involved in the purchase of property including investigation of title, finance and registration
  • Steps in a conveyancing transaction for the sale of property 
  • Commercial Lease versus Short Term Business Letting Agreement

(LO5:  Collaborate with a team in solving legal problems that may arise in property transactions)

5.  Group Case Studies

  • Property purchase
  • Property sale
  • Commercial Lease versus Short Term Business Letting Agreement
  • Financing a property purchase

Coursework & Assessment Breakdown

Coursework & Continuous Assessment
30 %
End of Semester / Year Formal Exam
70 %

Coursework Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Each year the model of assessment for Continuous Assessment will be determined based on the learner audience and may vary from a Case study, Presentation, Moodle Quiz, Written Report, Other Continuous Assessment Assessment 30 % Week 8 1,2
             
             

End of Semester / Year Assessment

Title Type Form Percent Week Learning Outcomes Assessed
1 Final Exam Final Exam Closed Book Exam 70 % End of Semester 1,2,3,4,5
             
             

Full Time Mode Workload


Type Location Description Hours Frequency Avg Workload
Lecture Not Specified Lecture 2 Weekly 2.00
Tutorial Not Specified Tutorial 1 Weekly 1.00
Independent Learning Not Specified Self study 4 Weekly 4.00
Total Full Time Average Weekly Learner Contact Time 3.00 Hours

Required & Recommended Book List

Recommended Reading
1998 Property Law Gill & MacMillan
ISBN 0717127753 ISBN-13 9780717127757

Provides a clear account of the intricacies of Irish property law to convey an understanding of its underlying rationale, structure and operation.

Recommended Reading
2014-06-30 Landlord and Tenant Law Bloomsbury Professional
ISBN 1780434804 ISBN-13 9781780434803

Long recognised as the definitive work on this area, Landlord and Tenant Law, 3rd edition comprehensively deals with all aspects of this subject relevant to the law in Ireland. It is essential for all practitioners with an interest in property law. The book covers everything from the basics (such as explaining the nature of the relationship between landlord and tenant) to more complex matters such as when disputes arise, and the controversial subjects of rent reviews and guarantees. This is the eagerly awaited third edition of this flagship title and covers in detail the important legislation that has been enacted since the last edition, including: Residential Tenancies Acts 2004 and 2009, Landlord and Tenant (Ground Rents) Act 2005, Civil Law (Miscellaneous Provisions) Act 2008, Land and Conveyancing Law reform Act 2009 (s 132) and Multi-Unit Developments Act 2011. The third edition incorporates extensive case law on several important aspects of the law including: rent reviews, guarantees, break options, service charges, alienation covenants, forfeiture, new tenancy rights and acquisition of the fee simple. It also draws attention to numerous proposals for reform made by the Law Reform Commission. Previous print edition ISBN: 9781845923617

Recommended Reading
2020-04-20 Family and Succession Law in Ireland Kluwer Law International B.V.
ISBN 9789403521541 ISBN-13 9403521546

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Ireland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Ireland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Required Reading
2001 Land Law
ISBN 1858001706 ISBN-13 9781858001708

This book is part of the series of revision texts aimed at certificate students enrolled in the Institutes of Technology, VECs, RTCs, private third level colleges, universities, and the entrance exam for the Law Society of Ireland's Law School. Land law is a core subject and this text will cover all the required areas.

Recommended Reading
2011 Principles of Irish Property Law
ISBN 1905536402 ISBN-13 9781905536405

Principles of Irish Property Law is now established as one of the leading text books on property law in Ireland. The second edition is fully updated and builds on the success of the first edition.

Required Reading
2020-10-29 Irish Land Law Bloomsbury Professional
ISBN 1526513471 ISBN-13 9781526513472

Module Resources

Non ISBN Literary Resources

Lyall, A., McGrath, N. and Howlin, N., (2018) Lyall on Land Law,  4th Edition, Roundhall.

Pearce, A., Mee, J., (2011) Land Law, Roundhall.

Keating, A., (2019) Keating on Probate, 6th Edition, Round hall.

Journal Resources

Commercial Law Practitioner 

Hibernian Law Journal

Journal of Mediation and Applied Conflict Analysis - Edward M Kennedy Institute for Conflict Intervention, Co Kildare, Ireland

Irish Business Law Review

Irish Law Times

Law Society Gazette

URL Resources

Property Registration Authority:  https://www.prai.ie

Land Direct:  https://www.landdirect.ie

Houses of the Oireachtas:  https://www.oireachtas.ie

Irish Statute Book:  http://www.irishstatutebook.ie

European Union: http://www.europa.eu

Courts Service:  https://www.courts.ie/

Westlaw:  http://www.westlaw.ie/

British and Irish Legal Information Institute:  https://www.bailii.org

Other Resources
Additional Information