Course Discription:

The course is designed to teach students the basic principles of property law with particular reference to land.  The course will deal both with the urban and rural property matters.  It will deal with the meaning of ownership of land, sale and purchase of immovable property, mutation of property/ownership, co-ownership, tenancy and preemption laws, acquisition of land, transfer, leases and various kinds of mortgages.

Learning Outcomes:

 On successful completion of this course, students will be able to:

• Determine, explain and apply the principles of property law to resolve complex problems and theoretical questions. 
•  Analyse, evaluate and synthesise information from a wide variety of sources and experiences to answer complex
  legal questions in a principled manner.
•  Apply property law to complex problems and critically examine its operation from a range of cultural, theoretical and social perspectives. 
•  Prepare convincing written arguments for a legal audience.
•  Embody professionalism and ethical behaviour in providing legal advice in an academic environment.
•  Identify and analyse cultural, theoretical and social factors impacting on property law.

Contents:

Transfer of Property Act, 1882

• Preliminary
• Transfers
• By Act of Parties
• Election
• Apportionment
• Transfer of Immovable Property
• Sales of Immoveable Property
• Mortgages of Immoveable Property and Charges
  • Rights and Liabilities of Mortgagor
  • Rights and Liabilities of Mortgagee
• Priority
• Marshalling and Contribution
• Redemption
• Anomalous Mortgages
• Charges
• Notice and Tender
• Leases of Immoveable Property
• Exchanges
• Gifts
• Transfers of Actionable Claims
• Miscellaneous

Land Revenue Act, 1967

• Preliminary
• Divisions and Districts
• Appointment and Powers of Revenue Officers
  • Administrative Control
  • Powers of Revenue Officers
  • Procedure of Revenue Officers
• Village Officers
• Records
• Assessment
• Collection of Land Revenue
• Recovery of Other Demands by Revenue Officers
• Surveys and Boundaries
• Partition
• Arbitration
• Appeal, Review and Revision

Recommended Books:

1. Whitman, D. A., Burkhart, A. M., Freyermuth, R. W., & Rule, T. A.        (2019). Law of property. St. Paul, MN: West Academic Publishing.  
2. Kurtz, S. F., Gallanis, T. P., & Hovenkamp, H. (2018). The law of property: an introductory survey. St. Paul, MN: West Academic Publishing.
3. Lawson, F. H., & Rudden, B. (2012). The law of property. Oxford: Oxford University Press.
4. Stoebuck, W. B., & Whitman, D. A. (2002). The law of property. St. Paul, MN: West Group
5. Burn, E. H., & Cartwright, J. (2011). Cheshire and Burn's Modern law of real property: Oxford University Press, USA.
6. The Transfer of Property Act, 1882(As amended up to date)
7. The Land Revenue Act, 1967 (as amended up to date)

Description of system of evaluation:

Total marks: 100

Midterm exam/ termpaper: 30 Marks.

Sessional activities ( quizz, presentation, assignments, class participation) : 20 Marks.

Final Term examination / Termpaper: 50 Marks.

Key Dates and time of class mettings:

Midterm exam: 8th week of the semester.

Final term exam: 16th week of the semester.

Class timings:

Tuesdays: 09:30 to 11:00 am

Fridays: 08:00 to 09:30 am