Following on from 'Introduction to Obligations', 'Foundations of Property' continues the study of private law by introducing students to property law. 'Property' is something we tend to presume we know about, and rarely examine as an idea or practice closely. Most often we use it to connote an object or 'thing', and presume that it has something to do with 'ownership' of that object; we use expressions such as, 'This is mine,' and often do not examine the detail of what that really means.
This module begins to unpack and examine the ideas and practices of property more closely, looking in particular at land to ask questions such as: what do we mean by 'ownership'? What happens when a number of competing ‘ownership claims’ in one object exist? What are the limits of 'ownership'? Does 'ownership' entail social obligation?
When preparing for the module it will be useful to think about (and collect material on) current debates over contested ownership (or use) of property and resources, especially in relation to land.
Total contact hours: 30
Private study hours: 120
Total study hours: 150
Method of assessment
Main assessment methods for LAWS3160 (LW316):
Coursework - Essay (2000 words) - 50%
Examination - 2 hours - 50%
Davies M., (2007), Property: Meanings, Histories, Theories, London: Glasshouse
Garton J. (2015), Moffat's Trusts Law (Cambridge: Cambridge University Press, 6th ed., 2015)
Gordon R. , (1996) 'Paradoxical Property' from J. Brewer and S. Staves, Early Modern Conceptions of Property, London: Routledge
Gray K. and Gray S.F. (2011), Land Law, (7th ed.), Oxford; Oxford University Press
Hudson A. (2015), Understanding Equity & Trusts (5th ed.), Oxford: Routledge
Mossman M.J. and Flanagan W. ,(2004), Property Law Cases and Commentaries (2nd ed.), Toronto: Emond Montgomery Publications
Murphy T., Roberts S. Flessas T., (2004) Understanding Property Law, London: Sweet and Maxwell
See the library reading list for this module (Canterbury)
See the library reading list for this module (Medway)
The intended subject specific learning outcomes are as follows. On successfully completing the Level 4 module LAWS3160 (LW316) students will be able to:
1.Demonstrate knowledge and understanding of the concepts, principles and rules of a range of property law topics, including topics in equity, trusts and land..
2.Identify and explain property-related issues.
3.Appreciate the historical, cultural, political and economic contexts relevant to the discussion of 'property', and situate and discuss these elements through an examination of specific property law issues and case material.
The intended generic learning outcomes are as follows. On successfully completing the Level 4 module LAWS3160 (LW316) students will be able to:
1.Read cases and statutory materials and understand their relevance to legal dilemmas.
2.Summarise and comment on material.
3.Apply knowledge to analyse issues of moderate complexity.
4.Present material with proper citations and use of references.
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Credit level 4. Certificate level module usually taken in the first stage of an undergraduate degree.
- ECTS credits are recognised throughout the EU and allow you to transfer credit easily from one university to another.
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