This module deals with the law of real property in Ireland and the rights and liabilities which arise under it. It will consider the basic concepts of property law, the different estates or interests which can be held in land and the ways in which interests in land are transferred and acquired, including under the law of succession.
Module Aims:
This module is designed to give students a broad overview of real property law as it applies in Ireland. It is intended to provide students with an understanding of the basic concepts and processes involved in real property law and enable them to apply these concepts in practical situations
The nature of Land Law and its historical background.
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Finding. Determining ownership of objects found on land, including treasure trove.
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The Doctrine of Estates.
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The Influence of Equity. The Concept of the Use. The Statute ofUses (Ireland), 1634. Effects of the Statute of Uses today and the Modern Trust. The Concept of Equitable Interests and Estates.
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Co-ownership - Joint Tenancy and Tenancy in Common.
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Adverse Possession.
The Origins and Requirements of Adverse Possession. The Effect on Title and the Concept of Parliamentary Conveyance. Meaning of Possession and Animus Possidendi. The Statute of Limitations. Retention for Future Use. AdversePossession of Leasehold Property.
Licences and Proprietary Estoppel.
The Concept of a Licence.Bare Licences. Licence coupled with an Interest. Contractual Licences. Proprietary Estoppel. Requirements and Recent Developments. Third Parties. Rights of Residence, their Nature and Effect.
The Concept of a Licence.Bare Licences. Licence coupled with an Interest. Contractual Licences. Proprietary Estoppel. Requirements and Recent Developments. Third Parties. Rights of Residence, their Nature and Effect.
a. Legal and Equitable Mortgages. Registered and UnregisteredLand. The Position of the Parties under Mortgages. The Doctrine of Consolidation. The Doctrine of Marshalling. Priorities.b. Judgment Mortgages. Nature and Effects. The Judgment Mortgage (Ireland) Acts, 1850-1858. Registration and Well Charging Orders.
Settlements of Land. Origins and Purpose
The Settled Land Act 1882-1890. The Definition of Settled Land. Powers and duties of the Tenant for Life. Trustees of the Settlement. Overreaching Effect of Sale. Trusts for Sale.
Family Property.
Trusts of the Family Home. Direct and Indirect Contributions. The Presumption of Advancement. Family, Matrimonial and Co-owned Property. The Family Home Protection Act, 1976. The Meaning of Conveyance, the Family Home and Consent. The Family Law Act, 1995 and the Family Law (Divorce) Act, 1996. Property Adjustment Orders. Impact of divorce and family breakdown.
Landlord and Tenant.
Nature of relationship. Creation and termination. Assignment and subletting. Agreements and covenants.
Registered and Unregistered Land.
Registered Land and the Registration of Title Act, 1964. Voluntary and Compulsory Registration. Classes of Title. Conclusiveness of Register. Overriding interests.Unregistered Land. The Registration of Deeds (Ireland) Act, 1707. The Registry of Deeds and Documents Registrable. Searches. Priorities. The Doctrine of Notice. Effect of the Bona Fide Purchaser Defence.
Incorporeal Hereditaments
Easements and Profits a Prendre. Nature and Essential Features of Easements and Profits. Similar Concepts. Acquisition. Extinguishment.
Covenants.
The Position at Common Law and in Equity. The Rule in Tulk v Moxhay. Discharge and Modification.
Succession Law.
The Succession Act, 1965. Wills - requirements for a valid will. Operation of wills. Construction of wills. Testamentary freedom. Intestacy.
Disabilities.
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Interactive lectures Self-directed learning
Group study and group discussion Presentations
Guest lecturers
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 70 |
| Other Assessment(s) | 30 |