This information is for the 2012/13 session.
Professor Neil Duxbury, NAB 6.10
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 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 Property II is designed to introduce students to the fundamental principles of the law of real property (i.e. land). The course examines the general principles governing the ownership and occupation of land, including concepts of estates and interests, legal and equitable ownership (trusts of land, including co-ownership and modes of transfer) and title registration. It also considers the law governing specific third party interests - licences, proprietary estoppel, easements, covenants and mortgages.
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.
Advice on reading, including textbook recommendations, 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.