LPC
Study Unit Specifications (Compulsory Subject)
Code: UJXTR5-30-M
Title: Property Law & Practice
Version: 2
Level: M-level
UWE credit rating: 30
ECTS credit rating: 15 Module Type: Non-MAR
Owning Faculty: Social Sciences and Humanities
Field: n/a Field Leader: n/a
Valid From: September 2008 Discontinued from:
Contributes towards: Postgraduate Diploma in Legal Practice
Pre-requisites: none
Co-requisites: none
Excluded combinations: none
1. Rationale:
As with all study units on the programme, the rationale is to prepare the student for the first day of work as a professional lawyer (i.e. as a new trainee solicitor in a firm of solicitors). Specifically in this case, the rationale is to prepare the student for work in a firm’s property department.
2. Learning outcomes:
On completion of this study unit, students will be expected to be able (at a professional level) to:
2.1 Understand the nature of the land transfer system in England and Wales;
2.2 Understand the structure of a basic land transfer transaction and appreciate the legal and commercial criteria which underlie and influence all types of property transaction;
2.3 Be able to identify the critical steps in any residential or commercial property transaction from the standpoint of seller, buyer and mortgagee;
2.4 Through a process of research, management of information, analysis of facts and application of knowledge, identify the steps that need to be taken in order to implement the instructions of different (notional) clients, taking appropriate steps to resolve any difficulties that have been identified and effectively communicate advice to those (notional) clients on the procedures required in order to effect transactions both of a residential and commercial nature and in relation to the sale, purchase, mortgage and leasing of freehold or leasehold property;
2.5 Demonstrate an understanding of and an ability to critically analyse evaluate and apply both the law and the codes of practice and guidance promulgated by the Law Society and others (such as financial institutions) relevant to property transactions;
2.6 Demonstrate an understanding of and an ability to apply the basic principles of capital gains tax, value added tax and stamp duty land tax where relevant to different types of property transaction;
2.7 Demonstrate awareness of and compliance with the provisions of the Financial Services and Markets Act 2000 in relevant situations;
2.8 Demonstrate awareness of and compliance with the rules of professional conduct (including those concerning conflicts of interest) in relevant situations;
2.9 Demonstrate awareness of the role of the solicitor (and trainee solicitor) and the interaction with other professionals in the conduct of a property transaction.
3. Syllabus outline:
3.1 Consideration of principles of unregistered and registered property transfer
3.2 The Land Registration Acts and their impact on the property transfer regime
3.3 Professional conduct issues affecting property transactions
3.4 Financial considerations affecting property transactions
3.5 Taxation considerations affecting property transactions
3.6 Taking initial client instructions and client care considerations
3.7 Drafting and amending the contract for the sale of property
3.8 Searches and enquiries before exchange of contracts
3.9 Investigation and deduction of title to property
3.10 Raising and responding to requisitions on title
3.11 Mortgage offers, mortgage instructions and Council of Mortgage Lenders Handbook
3.12 The pre-exchange of contracts report to client
3.13 Process of effecting exchange of contracts
3.14 Drafting and amending the purchase deed
3.15 Searches prior to legal completion of property transactions
3.16 Stamp Duty Land Tax considerations
3.17 Registration of title to property transactions
3.18 Legal and practical considerations affecting new property purchase and other partial title transfers
3.19 Consideration of principles affecting leasehold property transfer
3.20 Drafting and negotiating the terms of a new lease
3.21 Assigning a lease and the licence to assign process
3.22 Legal and practical considerations affecting commercial leases
3.23 Post – legal completion considerations affecting the granting of a new lease or transfer of an existing lease.
4. Teaching & learning methods:
4.1 Self-study preparation and research in order to acquire knowledge and understanding
4.2 Large group sessions in order to consolidate and develop knowledge and understanding
4.3 A mixture of individual and group work centred on problem-based learning, involving management of information, analysis of complex facts and application of knowledge
4.4 Role play and oral presentations to demonstrate understanding and effective communication of complex areas of law applied to detailed factual scenarios
4.5 Preparation of written communications (primarily in the form of office memoranda and letters of advice to clients) to demonstrate understanding and effective communication of complex areas of law applied to detailed factual scenarios
4.6 Drafting and amending of legal documents, often involving the use of precedents, to demonstrate synthesis and application of knowledge, and the ability to reach autonomous, competent decisions.
4.7 Reviews of topics in the form of both large group sessions (where ideas can be pooled and debated) and critical self-evaluation.
5. Indicative sources:
Jordan’s Property Law & Practice Manual
OUP Foundations for the LPC Manual
OUP Lawyers’ Skills manual
The Law Society’s Guide to the Professional Conduct of Solicitors
Land Registry website
Inland Revenue website
LaserForms software package
In-house Financial Services Resource Book
The Law Society’s Conveyancing Handbook
6. Assessment Infrastructure:
One 1-hour unseen examination containing short form and multiple choice questions and one 3-hour unseen, open book examination (the latter with an additional 30 minutes of reading time).
The two examinations constitute 100% of the marks for the study unit. The pass mark is 50% overall with no requirement to achieve 50% in any individual examination.
Second and final attempts: Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.
Specification confirmed by ............................................... Date ..... February 2004
(Associate Dean, Faculty of Law)