Is land law some kind of sick joke?

Procrastastudy

Honestly does someone pop up at the end of the exam and say - only joking! There's no need for something to be so complex that a working knowledge of the feudal system is required.

My own flippant joking aside - any recommendations of articles / books to get me started. Especially surrounding trusts. I'm reading Fiona de Londras: Principles of Irish Property Law as an introduction. I have Wylie's book also and Delany's book on equity and trusts for that topic (also this coming semester).

Thanks in advance.

NoQuarter

A sick joke that never lets up.

chops018

Procrastastudy wrote: »

Honestly does someone pop up at the end of the exam and say - only joking! There's no need for something to be so complex that a working knowledge of the feudal system is required.

My own flippant joking aside - any recommendations of articles / books to get me started. Especially surrounding trusts. I'm reading Fiona de Londras: Principles of Irish Property Law as an introduction. I have Wylie's book also and Delany's book on equity and trusts for that topic (also this coming semester).

Thanks in advance.

They are horrible subjects when you first get into them, it takes time to get to grips with them. To be honest I didn't concentrate too much on the Feudal system, even though it's supposed to have led to modern property law. Some parts of property law are very interesting, especially the the likes of adverse possession and easements. I never minded equity to be honest, the trust side of things can be a bit complicated at first but it will come to you. A trust is just property held by someone for the use of another, so if I leave €10,000 to John for the use of providing my daughter Mary with her college education when she comes of age. That is an example of a trust, but it gets complicated, what if Mary doesn't go to college? Does the trust just dissolve and go back into her estate or does John take the money on a resulting trust? Delany's book is very good, some bits are long, and in my opinion not really necessary. But she does have everything split up fairly well and for me explains it pretty good for the most part.

I'm afraid it's just a thing of getting used to the concepts and you will start understanding it. I thought they were horrible at first too but once I got to understand the areas and read into them a bit I got to like them, they can be very interesting. I can't point to any articles that I remember but I'm sure the footnotes in the texts will lead to some good ones or even a quick search of a journal database of the particular topic you are looking at will surely give you some results.

On a final note: I don't really think such a huge knowledge of the feudal system is that necessary, a brief knowledge of the main bits would be fine in my opinion, especially some of the main acts like Lord Cairns Act 1858 and Deasy's Act 1860 (which you will see in Landlord and Tenant Law but it is out of date now with the Residential Tenancies Act 2004). The same with the first part of equity i.e. the fusion of both courts into one (although I loved that particular part I don't see a need for going into too much detail on it, a brief knowledge of such matters I think would be fine). It seems daunting now but keep at it and it will start to make sense.

Procrastastudy

I'm (sort of joking) about the feudal system bit. I havent started lectures yet so I'm still fairly relaxed but - The Statue of Uses and Double Use? Might aswell be written in Swahili!

Feofee and Cesui que - I hope all this starts getting a bit clearer! Thanks for the words of reassurance though I'll give myself a few weeks to try and get to grips with it.

McCrack

I echo the above although im lead to believe it more digestible now since the 2009 Act supposedly modernised it.

It definitely is a tricky one to get your head around at first but like anything it will come to you time.

Procrastastudy

My books are from before the Act came into force although they do reference the Bill - time to stop reading and get another book?

lawfilly

STOP READING!!! Pre-2009 act books are no good! You'll need to know old and new act!! There are many changes!

Get yourself FdeL ''Principles of Property Law II'' (its a green cover) and the new Wylie and you'll be flying (also get your hands on Griffith's Manual!)
These will help you slash through the jungle of confusion that is Land Law!

chops018

I agree, get a Griffith FE1 manual. It will shorten everything up and probably help you understand it better, plus you will get through it fairly quick.

Procrastastudy

Cheer folks - I think there is some merit to having a deep background knowledge for undergrads but I'll treat it more as bed time reading rather than anything I need to make my notes on and wait for the semester to start. I might start making notes on the new Wylie if the library have one - If not I'll get them to order some in.

I'm looking at the 3rd ed reprint - I take it is more like the 4th (5th?!) ed you are referring too?

Manach

Having a history background, I rather enjoyed the feudal aspects and 'tis a pity the becursed varlets foresook it.
Bookwise, I found Mee's Land Law readable and the latest edition is post 2009 Act.

NoQuarter

Yeah agree with chops above, adverse possession is interesting and succession law can be ok too, s117 and stuff like that.

If you want some reading, there is the explanatory memo for the 2009 Act here: http://www.attorneygeneral.ie/eAct/2009/a2709.pdf

A pre-2009 book is still fine for the likes of adverse possession and succession law and it doesnt change that area. To be perfectly honest, for your purposes as an undergrad, I'd get the FE1 or king's inns manuals for the subjects im studying that year. Manuals are around 50 each and they get straight to the point, they are invaluable!

Procrastastudy

Being the eternal suck up and at GCD I might see if I can appropriate some manuals

Having said that they are like rocking horse droppings - there's a little black market in them and none in the library.

chops018

Yeah the manuals really are invaluable as NoQuarter has said. Exam Gold to be honest. Not really any use for assignments like 4,000 word essays though.

Also I'd go here for the manuals: http://www.boards.ie/vbulletin/showthread.php?t=2056512376&page=10 as you might not get them off GCD unless you're actually in the prep course, but the second hand ones are usually the exact same unless some new piece of law came out or a significant new case. If you're going to get one that is, personally I think they would be worth getting if you can afford it, they would be great for getting to the point and handy to have.

RandolphEsq

My view is that those much older and wiser continue to force us to engage with the bullsh1t history of land law as they are bitter from having drilled it into themselves painfully only for it to be redundant now.

Indricotherium

RandolphEsq wrote: »

My view is that those much older and wiser continue to force us to engage with the bullsh1t history of land law as they are bitter from having drilled it into themselves painfully only for it to be redundant now.

Doubleplus.

lawfilly

Dont buy with any manual from KI relating to land law!! Trust me!!

The Griffith manual on Property law is far more suited to the in depth study you require for the FE-1's

+1 to succession and adverse possession which are interesting.....freehold, co-ownership and easements are also fairly handy! Leasehold is a dark pit of despair and confusion....I avoided studying it like a plague this year!!

The_Morrigan

RandolphEsq wrote: »

My view is that those much older and wiser continue to force us to engage with the bullsh1t history of land law as they are bitter from having drilled it into themselves painfully only for it to be redundant now.

They do - I had to endure it last year Months and months of learning the history, to be told at the end - none of that matters here's the new law!

Procrastastudy

Just to say a big thanks for putting me right on this. I've got a copy of Irish Land Law 4th Ed. by JCW Wylie - and I have to say it's very readable as well as being up to date. I actually quite like that most if the NI stuff has gone out of it - but will that be a great loss later on? I'm not looking to go the FE1 route purely as context to that question.

BornToKill

Procrastastudy wrote: »

I'm (sort of joking) about the feudal system bit. I havent started lectures yet so I'm still fairly relaxed but - The Statue of Uses and Double Use? Might as well be written in Swahili!.

It's fascinating. Don't be put off by the unfamiliar terms. This is all about the evolution of tax avoidance and succession planning. It is not really history as such; it is just as relevant and vital today and will be for as long as people want to minimise the burden of taxation imposed on them and maximise their control over what happens to their property after they die. That is to say, for as long as people are people. Don't be too put off by advance reading - a good lecturer will bring it to life.

Loulu

I would actually advise to steer clear of the griffith manual unless the 2012 one has been improved and updated properly. The 2011 one that I have for the FE1s is just so badly put together. It has some incorrect section numbers of statutes and case names as well inexplicably large and apparently crudely copied and pasted sections from statutes and judgments that are often unnecessary and sometimes totally out of place with the preceding and subsequent paragraphs. Not to mention that a clear explanation of the impact of the 2009 Act is lacking in many areas and may lead one to believe (since they don't bother to take out or amend the now dated and irrelevant law) that the common law or previous statutory position prior to 2009 still holds good. As I say I don't know if the newer manual has improved and generally the standard of the Griffith FE1 Manuals is good for other subjects but I wouldn't give myself the stress of trying to decipher the Property manual again!