This module is concerned with the legal issues affecting real estate, including the ownership and use of land and buildings, and the legal regulation of real estate professionals. The substantive issues in tort, contract and professional negligence and regulation are covered.
Introduction to the Irish legal system
Constitutional rights relating to ownership and use of land and property in Ireland; overview of the Land and Conveyancing LawReform Act 2009; overview of planning legislation and residential tenancies legislation.
Contract Law
The principles of forming a binding contractual agreement between parties, including offer and acceptance, consideration,intention and capacity, evidentiary requirements, and terms; contractual disputes including mistakes, misrepresentation, frustration and illegal and void contracts
Land Law
The law in Ireland relating to the ownership, use and transfer of land, including freehold/leasehold estates; introduction to licences/leases; easements; trusts; co-ownership; the family home; mortgages; adverse possession.
Landlord and Tenant Law
The nature of a lease; creation of leases; rights and responsibilities of landlords and tenants; notice periods; the ending of alease; dispute resolution including the role of the Residential Tenancies Board and the courts
Succession Law
Distribution of estates on intestacy; testamentary succession; features of a valid will; the family home and the rights of children
The Law of Torts
Principles of the tort of negligence, occupiers’ liability including the Occupiers’ Liability Act 1995 as it relates to trespass; rights and obligations of visitors and invitees to land.
Environmental Law
Sources of environmental law at EU and national level; the role of the regulators including the Environmental Protection Agency, local authorities and Irish Water; enforcement of environmental law; environmental impact assessments and environmental liability for companies and individuals
Trusts, and Real Estate Investment Trusts
Nature of a trust; duties of trustees; beneficiaries; real estate investment trusts (REIT) including the Finance Act 2013; featuresof a REIT; rights and duties of trustees and beneficiaries to a REIT; reform since 2013 and future trends
The Law relating to Auctioneering and Estate Agency
Application of professional negligence to real estate; Property Services (Regulation) Act 2011; remit and powers of theProperty Services Regulatory Authority.
Lectures
· Discussion of current legal cases
· Research of case law and legislation
· Presentation of individual case studies
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 75 |
| Other Assessment(s) | 25 |