Professor Neil Duxbury, F6.10

This is an optional course for LLB Part I and II students, and compulsory for BA Anthropology and Law 2nd or 3rd year students requiring exemption from the Law Society's Part I exam. It is also available as an outside option and to General Course students.

Students must have completed Property I (LL105)

Property II examines the principles of Land Law and the Law of Trusts. Land Law is taught in the first term and Trusts in the second term.

The Land Law component of the course is primarily concerned with the history and the reform of land law, the distinction between legal and equitable interests in land, the 1925 land legislation, registered land transfers, trusts of land and co-ownership, licences, mortgages and land obligations.

The Trusts component of the course focuses on general principles of trusts law and examines the circumstances in which trusts arise, the obligations of trustees, and the remedies available to beneficiaries when these obligations are breached. It also considers the nature and classification of trusts, including the applications and classifications of resulting and constructive trusts, and how the law of trusts relates to and impacts on the law of contract, wrongs and unjust enrichment.

Teaching arrangements for both the Land Law and Trusts components of Property II are two hours of lectures and a one-hour class each week.

Two essays per term.

Advice on reading will be provided and the beginning of the first and second terms. An essay which students might valuably read before the commencement of the course is Peter Birks, 'Before We Begin: Five Keys to Land Law', in Land Law: Themes and Perspectives, ed. S. Bright & J. Dewar (OUP, 1998), 457-86.

Property II is assessed by a three-hour examination. Students are required to answer questions on both the Land Law and Trusts components of Property II.