Real Estate Law in Practice

PLAN71052 Real Estate Law in Practice 20 Semester 2 Postgraduate Taught Level 7 Selma Carson Unit coordinator Planning and Environmental Management 1 FHEQ level (Framework for Higher Education Qualifications) ' Masters/Integrated Masters P4 ' European Credit Transfer & Accumulation System Rating : 10.0 This course unit will introduce students to the fundamental legal principles that underpin real estate practice and must be understood in order to operate effectively. It will then critically explore how these are manifested in, and the consequential impact on, the real estate market and practice.  Although English law will be used to examine issues in detail, students are encouraged to consider these concepts operating under different legal jurisdictions. The following topic areas will be covered: <div> <ul> <li> The nature of law and legal frameworks</li> <li> Law of contract: how contracts are created, operated and terminated in general</li> <li> Leases: how leases are created, operated and terminated, including service of notices</li> <li> Other types of contract encountered in real estate practice</li> <li> Duties and obligations arising from the law of tort</li> <li> Professional negligence, professional regulation and ethics</li> <li> Property law – land tenure, third party rights, boundary and neighbour issues</li> <li> Conflict avoidance and alternative dispute resolution</li> <li> Law of estate agency</li> </ul> </div>   This course unit will introduce students to the fundamental legal principles that underpin real estate practice and must be understood in order to operate effectively. It will then critically explore how these are manifested in, and the consequential impact on, the real estate market and practice.  Although English law will be used to examine issues in detail, students are encouraged to consider these concepts operating under different legal jurisdictions. The following topic areas will be covered: <div> <ul> <li> The nature of law and legal frameworks</li> <li> Law of contract: how contracts are created, operated and terminated in general</li> <li> Leases: how leases are created, operated and terminated, including service of notices</li> <li> Other types of contract encountered in real estate practice</li> <li> Duties and obligations arising from the law of tort</li> <li> Professional negligence, professional regulation and ethics</li> <li> Property law – land tenure, third party rights, boundary and neighbour issues</li> <li> Conflict avoidance and alternative dispute resolution</li> <li> Law of estate agency</li> </ul> </div>   <ul> <li> introduce students to the legal environment in which decisions relating to real estate investment, management and development are made</li> <li> provide detailed knowledge and skills on key areas of practice</li> <li> provide opportunities for students to critically explore the application of legal principles and procedures</li> <li> foster students’ ability to consider issues in a holistic manner</li> </ul>   By the end of this course unit students should be able to: <ul> <li> Explain the significance of the legal context and framework for real estate practice</li> <li> Demonstrate applied knowledge of a range of key legal principles in real estate practice</li> <li> Demonstrate a comprehensive understanding of a surveyor’s professional obligations and the role of professional regulation and ethics</li> </ul>   By the end of this course unit students should be able to: <ul> <li> Demonstrate the ability to define issues in dispute, identify the relevant legal rules, apply the rules whilst distinguishing between facts in different cases, and reach a reasoned conclusion</li> <li> Differentiate between fact and opinion</li> </ul>   By the end of this course unit students should be able to: <ul> <li> Identify and use appropriate information retrieval systems</li> </ul> By the end of this course unit students should be able to: <ul> <li>  Demonstrate their ability to read a range of complex works and summarise their arguments succinctly</li> <li> Recognise their own limitations and work effectively within these</li> </ul>  This module is delivered entirely by distance-learning. You will receive access to the online virtual learning environment which will contain the learning materials and the online tools required to interact with tutors and your fellow students. <div> The learning materials have been specifically designed to provide an interactive and carefully structured introduction to each topic, guidance on further reading, opportunities for reinforcement activity (checking that you can apply your knowledge) and formative feedback (monitoring your progress and identifying ways to improve).The material is designed to allow you to study in a flexible manner (at your own pace) but there will be certain points during the block of study when summative (tutor-assessed) work will need to be submitted.The course materials should be considered as the starting point for your study of the subject and you should read as much professional literature (professional body publications, market reports and periodicals) and academic literature (textbooks and refereed journal articles) as you can.</div>   3 Report 50% 9 Set exercise 25% MSc Real Estate Distance Learn MSc Real Estate Distance Learn PGDT Taught Component Optional N  Core Texts – students are expected to read one of these:Galbraith, A. et al. (2011) Galbraith’s building and land management law for students. 6th ed. Oxford: Butterworth-Heinemann.Wood, D., Chynoweth, P., Adshead, J. and Mason, J. (2011) Law and the built environment. 2nd ed. Chichester: Wiley-Blackwell.Supplementary ReadingCowan, D., Fox O’Mahony, L. and Cobb, N. (2012) Great debates in property law.  Basingstoke: Palgrave MacmillanMoran, A. (2007) Commercial property law.  Exeter: Law Matters PublishingRodell, A. (Ed). (2015). Commercial property.  Guildford: College of Law PublishingSmith, R. (2004) Case in point – estate agency. Coventry: RICS Business Services LtdStroud, A. (2013) Making sense of land law. 4th ed. Basingstoke: Palgrave Macmillan.Wilkie, M. et al (2006) Landlord and tenant law 5th ed. Basingstoke: Palgrave Macmillan Lectures 15 135