Land Law Procedures in Kenya

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CATHOLIC UNIVERISTY OF EASTERN AFRICA

(CUEA)

FACULTY OF LAW

THIRD YEAR 1ST SEMESTER

BACHELOR OF LAWS

JANUARY- APRIL 2013

COURSE TITLE: LAND LAW 1

COURSE CODE: CLS 300

BY: WILSON MAROTSE MULEI
LLM (London), LLB (Moi), Dip. Law (KSL)
Attorney at Law, EAC

COURSE OUTLINE

INTRODUCTION
Land law is split into two separate but related units. Land Law 1 and Land Law II. Land Law I deals with foundations of property law and Land Law II deals with Proprietary Rights and transactions. Land Law I is devoted to the teaching of and familiarizing the student with the basic concept relating to property ideology in general and to Land as property in Particular. In this respect, The course will address the question, what is property in particular. In this respect, the course will address the question, What is property and why does it matter? The students will be introduced to an appreciation of the idea of land as property and the rights attached thereto as well as the evolution of Land Law in Kenya.  The study also seeks to look at the relationship that exists between the state and the individual with regard to land rights. The objectives of the course is thus to equip one with the knowledge of the various categories of property rights in land and to know a bit about construction of forms and other documents used in the registration system.

COURSE DESCRIPTION
This course reviews the concept of land as property, the common law and statutory definitions of land, the various property rights and interests, historical foundations of land law in Kenya and the registration systems in Kenya.

EVALUATION
CATS will be done in the 6th and 10th week carrying a mark of 30% of the final score. The first CAT shall be written and will cater for 20 marks whereas the second will be oral and shall carry 10 marks. Closed written examination shall be undertaken between the 12th and 14the weeks to supplement 70% of the final score. The written examination is usually composed of 5 questions, whereof students are required to attempt 3. The first question is compulsory and carries 30 marks whereas two are chosen from the remaining four carrying each 20 marks. Students are encouraged to do further reading based on the course outline and not entirely rely on the notes submitted. It is further expected that students will:

* Come to class prepared and willing to participate in discussion; * Carefully read assigned materials in advance, working through difficult concepts or issues on their own or in discussion groups before attending class; * Participate in a spirit of open, informed and courteous collegial discussion in the classroom.

PURPOSE OF COURSE
This course aims to develop the ability of students to:
Understand basic land law rules and concepts;
Identify land law issues in concrete fact situations;
Apply land law rules and concepts in concrete fact situations;
Think critically about and evaluate land law doctrines.

COURSE OUTLINE
WEEK ONE/TWO
1. The genesis and evolution of the law of property in land
* The concept of property
* Land Rights
* Legal and equitable rights
* The concept of ownership
* Jurisprudential foundations of property law/ theories of property law * Common law maxims in relation to land
* quic quid plantatur solo solo cedit
* Cujus est solum ejus est. usque ad coelum ad inferos

WEEK THREE
3. Qualifications of property rights
* The doctrine of police powers 
* The doctrine on eminent domain (compulsory acquisition) WEEK FOUR/FIVE
4. Classification on interests in land
* Estates in land
* Doctrine of tenure and doctrine of estates
* Freehold estates: freehold of inheritance(fee-simple and fee-tail) * Leasehold interests
* Fixed term
* Periodic tenancy
* Tenancy at will
* Tenancy at sufferance
* Co-ownership
* Joint tenancy
* Tenancy in common
WEEK SIX- CAT

WEEK SEVEN...
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