|Delivery Type||Delivery length / details|
|Lecture||Large Group Session|
|Seminars / Tutorials||Small Group Session|
|Assessment Type||Assessment length / details||Proportion|
|Semester Assessment||3 Hours Assessment||100%|
|Supplementary Assessment||3 Hours Supplementary Resit||100%|
On successful completion of this module students should be able to:
1. Demonstrate an understanding and appreciation of the nature of a property transaction and be competent to discuss and explain all stages of a transaction to the client ? whether client is seller or buyer.
2. Identify and research the relevant legal issues involved in a transaction and advise client on legal consequences of his/her proposals.
3. Identify and advise client of alternative appropriate means of achieving their goals and plan the progress of a transaction to promote the client'r interests.
4. Be competent to carry through and complete a residential conveyancing transaction from the point of view of a solicitor acting for either seller or buyer.
5. Draft documentation in clear and unambiguous language and explain the contents of the documentation to client in an articulate manner.
6. Identify, understand and apply issues appertaining to sales of Part.
7. Recognise the need to attempt to resolve problems through negotiation at all stages of the transaction and be competent to advise the client regarding any disputes arising during the transaction and particularly to advise client of possible remedies in event of completion being delayed or not taking place.
8. Recognise conflicts of interest and act within rules of professional conduct, including need to be aware of money laundering rules as they apply to property transactions.
9. Be aware of the implications of the Financial Services and Markets Act and should understand and be competent to explain to the client the obligations of an independent financial adviser.
10. Demonstrate that they have received an introductory grounding in transactions involving commercial property.
The module of Property Law and Practice trains student in the professional skills of domestic and commercial property transactions using the knowledge element of property law and the practical element of its application.
The module ensures that students understand the nature of property transactions in the context of domestic and commercial transactions both with registered and unregistered land, freeholds, leaseholds, the whole or part of a landholding and with new or existing properties. It enables students to identify the critical steps in a transaction and gives them experience through practice of all the stages of property transactions.
e.g.Revision of legal estates, Easements, covenants, joint ownership.
Links to the practice of conveyancing.
2. Introduction to and general overview of conveyancing procedures and transaction outline
Background to Revenue issues (including VAT) .
An introduction to the Town and Country Planning Acts.
3. Professional Matters that arise in a transaction on client care, professional conduct, taking instructions, how to obtain finance and mortgages
4. Pre Contract Searches and Enquiries.
Drafting Contracts using the Standard Conditions.
Mention of Commercial Property Conditions and Conditional Contracts
Use of protocol.
5. Contract Procedure and Exchange.
6. Title Investigation
Registered Land and unregistered land
Land Registration and how to investigate Registered titles
Preparations for Title Investigation and deduction according to protocol
7. Investigations on Title after exchange
Requisitions on Title
8. Preparation of Transfer for Completion
Completion and Post Completion
9. Leaseholds Flats
The Law and liability of Covenants
Grant of Assignment of Lease Acting for Landlord/ Acting for Tenant
10. Commercial Leases and Commercial Conveyancing
11. Sale of Part and New Properties
|Skills Type||Skills details|
|Application of Number||Students are expected to be numerate and will have to fill in and keep ledger records in the simulated property transactions.|
|Communication||Students will act in groups and be expected to communicate to the session as a whole. Oral communication skills will be mainly developed in the SGS and questions, answers and tasks will be encouraged in Lectures (LGS) as the sessions will be interactive. Written communication skills are developed in drafting exercises.|
|Improving own Learning and Performance||Students will learn in an interactive environment and be expected to develop their understanding and skills in independent learning. The module demands reading, preparation for LGS and SGS, relevant research and reflection on the problems and case studies.|
|Information Technology||Modern legal property work relies on electronic sources and drafting. Students will be expected to draft conveyancing documents and contracts using electronic precedents and to be conversant with e-conveyancing. All materials will be placed on the Blackboard site Most of the legal research will require use of the electronic or online legal documents and cases|
|Personal Development and Career planning||The subject area of Property Law and Practice is required for their future career as are the practice of the pervasive subject skills below which are embedded in the teaching.|
|Problem solving||The subject is predicated on students solving client problems and identifying the correct practical and legal steps. They will be expected to choose between different approaches and be faced with having to choose between alternative solutions.|
|Research skills||All sessions require independent legal research; the ability to use Library resources, electronic precedents and locate and act on the correct material will be developed in Small Group Sessions (SGS).|
|Subject Specific Skills||Writing/drafting/ Practical legal research/solicitors accounts/Interviewing|
|Team work||All SGS are tutor facilitated with students working in groups of two, three or four. Future solicitors are required to demonstrate team work and this skill is developed by the format of the seminars (SGS).|
This module is at CQFW Level 7