Prof Neil Duxbury NAB 6.10

This course is compulsory on the BA in Anthropology and Law. This course is available on the LLB in Laws. This course is available with permission as an outside option to students on other programmes where regulations permit. This course is available to General Course students.

For Law 2nd or 3rd year students, requiring exemption from the Law Society's Part I exam.It is strongly recommended that students take this course in their 2nd year/Part I.

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.

20 hours of lectures and 9 hours of classes in the MT. 20 hours of lectures and 9 hours of classes in the LT. 2 hours of classes in the ST.

Students will be expected to produce 4 essays in the MT and LT.

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.

Exam (100%, duration: 3 hours, reading time: 15 minutes) in the main exam period.

 Students are required to answer questions on both the Land Law and Trusts components of Property II.