CILEx Level 6 Unit 09 Land Law
CILEx Level 6 Unit 09 Land Law - £540
This is a course set at the equivalent to honours-degree level and will give you an in-depth knowledge of the law relating to property in England and Wales.
Who is the course for?
The course is for:
- Associate Members of CILEx using this course as one of their three Level 6 law units to achieve Graduate Membership of CILEx
- any paralegal working in a conveyancing department who has not studied land law at degree level.
- any Graduate Member or Chartered Legal Executive of CILEx wishing to fulfil the Solicitors Regulation Authority's academic stage of training.
- any qualified legal practitioner wishing to refresh knowledge before returning to property work after a career break.
What qualification will I get?
Success in the course will lead to the award of a CILEx Level 6 Single Subject Certificate in Land Law which is a standalone qualification but can also contribute to the CILEx Level 6 Professional Higher Diploma in Law and Practice.
What will I learn?
The course delivers the CILEx syllabus for this unit. Please click on the link to see the syllabus content expressed in terms of broad learning outcomes as well as the detailed knowledge, understanding and skills that are delivered by the course. ITC publishes a course manual every year to deliver the CILEx syllabus and the table of contents (2011 edition) is reproduced below. You can also view sample pages from the course manual.
PART 1: THE FRAMEWORK
Chapter 1: Land Law – A Journey Through Time
1.1 Introduction
1.2 What is land law?
1.3 The history of land law
1.4 The doctrine of tenure
1.5 The doctrine of estates
1.5.1 Estates at common law
1.5.1.1 The fee simple
1.5.1.2 The fee tail
1.5.1.3 The life estate
1.5.2 Estates in possession, in remainder and in reversion
1.5.3 Words of limitation
1.6 Summary
Chapter 2: The Meaning of “Land”
2.1 Introduction
2.2 Realty and personalty
2.2.1 Real property
2.2.2 Personal property
2.2.3 The relevance of the distinction today
2.2.4 The distinction between personal rights and proprietary rights
2.3 What is “land”?
2.3.1 Cuius est solum eius est usque ad coelum et ad inferos
2.3.2 Quicquid plantatur solo, solo cedit
2.4 Fixtures and fittings
2.4.1 The right to remove fixtures
2.5 The doctrine of waste
2.5.1 Ameliorating waste
2.5.2 Voluntary waste
2.5.3 Permissive waste
2.5.4 Equitable waste
2.6 Party walls
2.6.1 Hedge and ditch presumption
2.7 Land and human rights
2.8 Summary
PART 2: THE KEY TO IT ALL
Chapter 3: Legal and Equitable Rights
3.1 Introduction
3.2 The development of equity
3.2.1 Enforcing legal and equitable rights
3.3 Legal rights
3.3.1 The legal estates
3.3.1.1 The fee simple absolute in possession
3.3.1.2 The term of years absolute
3.3.2 The legal interests
3.3.2.1 Easements
3.3.2.2 Rentcharges
3.3.2.3 Mortgages
3.3.2.4 Any similar charge
3.3.2.5 Rights of entry
3.4 Equitable interests
3.5 Legal and equitable interests – usage in different contexts
3.6 Legal and equitable remedies
3.7 Summary
Chapter 4: Unregistered and Registered Title
4.1 Introduction
4.2 Unregistered and registered title
4.3 Unregistered land
4.3.1 Registration of land charges
4.3.1.1 Classes of land charge
4.3.1.2 The process of registration
4.3.1.3 The effect of registration and non-registration
4.3.1.4 The process of search
4.3.2 Overreaching
4.3.3 The residual class
4.4 Registered land
4.4.1 The system of registration of title
4.4.1.1 Advantages of the system over that of unregistered land
4.4.1.2 Contents of the register
4.4.1.3 The role of the register
4.4.2 Classes of title
4.4.2.1 Freehold titles
4.4.2.2 Leasehold estates
4.4.3 Classes of interests
4.4.3.1 Registered estates and interests
4.4.3.2 Interests which are overriding
4.4.3.3 Changes made by the Land Registration Act 2002
4.4.3.4 Interests which are protected by entry on the register
4.4.4 The doctrine of notice and registered land
4.4.5 Rectification, alteration and indemnity
4.4.6 The principles behind land registration
4.5 Local land charges
4.6 Electronic conveyancing
4.7 Summary
Chapter 5: Acquiring Title to Land
5.1 Introduction
5.2 Contracts in land
5.2.1 s2 Law of Property (Miscellaneous Provisions) Act 1989
5.3 Conveyances
5.4 Equitable interests
5.5 Adverse possession
5.5.1 Running of time
5.5.1.1 Running of time in unregistered land
5.5.1.2 Effect of not bringing an action and rights of third parties in unregistered land
5.5.2 Adverse possession in registered land
5.5.2.1 Effect of not bringing an action and rights of third parties in registered land
5.5.3 Adverse possession and leases
5.5.4 Adverse possession and the Human Rights Act 1998
5.6 Summary
PART 3: THE HOLDING OF LAND
Chapter 6: The Trust of Land
6.1 Introduction
6.2 The trust of land
6.3 Powers of the trustees of land
6.4 Delegation of powers
6.5 Rights of occupation of premises
6.6 Powers of the court in relation to sale
6.6.1 Sale at the request of third parties
6.6.2 Sale at the request of a trustee in bankruptcy
6.7 Prevention of sale by a beneficiary
6.8 Overreaching
6.9 Summary
Chapter 7: Co-ownership
7.1 Introduction
7.2 Joint tenancies
7.2.1 The four unities
7.2.2 The right of survivorship
7.3 Tenancies in common
7.3.1 No right of survivorship
7.4 Co-ownership at law
7.5 Co-ownership in equity
7.5.1 Evidence of intention as to how property is held in equity
7.5.2 Presumptions as to how property is held in equity
7.6 Severance
7.6.1 Methods of severance
7.7 Termination of co-ownership
7.8 Law of Property (Joint Tenants) Act 1964
7.9 Resulting and constructive trusts
7.9.1 Resulting trusts
7.9.2 Constructive trusts
7.9.3 Extent of beneficial share
7.9.4 The use of the constructive trust when both parties are on the legal title
7.9.5 The nature of the beneficial interest
7.9.6 Protection of the interest
7.10 Reform
7.11 The enhanced position of spouses and the Civil Partnership Act 2004
7.12 Summary
Chapter 8: Leases
8.1 Introduction
8.2 Requirements for a lease
8.2.1 A certain term
8.2.1.1 Lease for lives or marriage
8.2.1.2 Leases to commence in the future
8.2.1.3 Perpetually renewable leases
8.3 Exclusive possession
8.3.1 Non-residential premises
8.3.2 Board and lodging
8.3.3 Exceptional circumstances
8.3.4 Sharing accommodation
8.4 Formalities
8.4.1 Contracts for leases
8.5 Types of lease
8.5.1 Periodic tenancies
8.5.2 Tenancies at will
8.5.3 Tenancies at sufferance
8.5.4 Tenancies by estoppel
8.6 Legal and equitable leases
8.6.1 The creation of equitable leases
8.6.2 Conflict between law and equity
8.6.3 Differences between a legal lease and an equitable lease
8.7 Covenants in leases
8.7.1 Enforceability of leasehold covenants
8.7.1.1 The old regime – the original landlord and tenant
8.7.1.2 Remedies after assignment
8.7.1.3 The original tenant and an assignee of the reversion
8.7.1.4 The original landlord and the tenant’s assignees; the reversioner and the tenant’s assignees
8.7.1.5 The landlord, or reversioner, and any sub-tenant
8.7.1.6 Overriding leases
8.7.1.7 Variation of leases and liability for fixed charges
8.7.2 The new regime – the Landlord and Tenant (Covenants) Act 1995
8.7.2.1 Tenant’s release from covenants on assignment of tenancy
8.7.2.2 Excluded assignments
8.7.2.3 Authorised guarantee agreements
8.7.2.4 Landlord’s consent to assignments
8.7.2.5 Landlord’s release from covenants on assignment of reversion
8.7.2.6 Covenants to which the Landlord and Tenant (Covenants) Act 1995 applies
8.7.2.7 Overriding leases and variation of leases
8.7.2.8 Effect of becoming subject to benefit or burden of covenant
8.7.2.9 Effect of release from covenant
8.7.2.10 Enforcement of restrictive user covenants
8.8 Reform
8.9 Commonhold
8.9.1 Creation of the commonhold
8.9.2 Unit holder’s interest
8.9.3 Termination of the commonhold
8.10 Summary
PART 4: INTERESTS IN LAND
Chapter 9: Easements and Profits à Prendre
9.1 Introduction
9.2 What is an easement?
9.2.1 Similar rights
9.3 Essentials of an easement
9.4 Acquiring an easement
9.4.1 Grant of an easement
9.4.1.1 Statute
9.4.1.2 Express grant
9.4.1.3 Implied grant
9.4.1.4 Presumed grant by prescription
9.4.2 Reservation of an easement
9.4.2.1 Express reservation
9.4.2.2 Implied reservation
9.4.3 Acquiring an easement – a review
9.5 Estoppel
9.6 Variation of easements
9.7 Extinguishment of easements
9.8 The Access to Neighbouring Land Act 1992
9.9 Profits à prendre
9.10 Summary
Chapter 10: Restrictive Covenants
10.1 Introduction
10.2 Who can enforce the covenant?
10.3 The running of covenants at common law
10.3.1 Passing of the benefit at common law
10.3.2 Passing of the burden at common law
10.4 The running of covenants in equity
10.4.1 Passing of the burden in equity
10.4.2 Passing of the benefit in equity
10.4.2.1 Annexation
10.4.2.2 Assignment
10.4.2.3 A building scheme or scheme of development
10.5 Relationship between common law and equitable rules
10.6 Enforcement
10.7 Modification and discharge
10.8 Law reform
10.9 Summary
Chapter 11: Mortgages
11.1 Introduction
11.2 The history of mortgages
11.3 The creation of mortgages
11.3.1 Creation of freehold mortgages at law
11.3.2 Creation of leasehold mortgages at law
11.3.3 Equitable mortgages
11.4 Protection of the mortgagor
11.4.1 No clogs or fetters
11.4.2 Postponement of the right to redeem
11.4.3 Collateral advantages
11.4.4 No oppressive or unconscionable terms
11.4.5 The Consumer Credit Act 2006
11.4.6 The right to grant leases
11.4.7 Undue influence
11.5 Mortgagees’ rights
11.5.1 Personal remedy: legal mortgages
11.5.1.1 Personal remedy: equitable mortgages
11.5.2 Possession: legal mortgages
11.5.2.1 Possession: equitable mortgages
11.5.3 Sale: legal mortgages
11.5.3.1 Sale: equitable mortgages
11.5.4 Appointment of receiver
11.5.5 Foreclosure
11.6 Priority of mortgages
11.6.1 Legal mortgages: registered land
11.6.1.1 Unregistered land
11.6.2 Equitable mortgages
11.6.2.1 Registered land
11.6.2.2 Unregistered land
11.6.3 Mortgages of equitable interests: unregistered land
11.6.3.1 Mortgages of equitable interests: registered land
11.6.4 Tacking
11.7 Summary
Chapter 12: Licences
12.1 Introduction
12.2 Types of licence
12.2.1 Bare licences
12.2.2 Licences coupled with an interest
12.2.3 Contractual licences
12.2.4 Proprietary estoppel
12.2.4.1 Remedies
12.2.4.2 The relationship between s2 Law of Property (Miscellaneous Provisions) Act 1989, constructive trusts and estoppel
12.3 Protection of licences
12.4 Summary
Application
Download: CILEx courses application form 2011-12.pdf
Apply on-line through the course shop.