2020-21 Land Course Outline PDF

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UNIVERSITY OF HONG KONG DEPARTMENT OF LAW LAND LAW I & II (LLAW2013&2014) 2020-21

Course outline Alice Lee Associate Professor, Department of Law, University of Hong Kong E-mail: [email protected] APPROACH TO TEACHING, LEARNING AND ASSESSMENT This course takes a student-driven approach to the study of Land Law. There is an Optional Exploration for you to learn with your peers and score marks during the course. We use the term “exploration” to refer to learning and assessment, as they are two in one. The underlying rationale is that teaching, learning, and assessment should be integrated into one holistic journey of exploration, and the journey should be as fruitful and enjoyable as it can be. We are co-explorers and we work together as partners. Our motto: “Tell me and I forget. Teach me and I remember. Involve me and I learn.” As partners, we learn from each other while co-designing resources including lecture outlines and multimedia case analyses. Students are experts in designing multimedia resources. Your contribution will be recognized and rewarded in “a collaborative, reciprocal process through which all participants have the opportunity to contribute equally, although not necessarily in the same ways, to curricular or pedagogical conceptualization, decision-making, implementation, investigation, or analysis”. 1 Multimedia resources are more engaging and thus more effective learning tools than pure text, as we learn from cognitive scientists: “We absorb information about an event through our senses, translate it into electrical signals (some for sight, others for sound, etc), disperse those signals to separate parts of the brain, then reconstruct what happened, eventually perceiving the event as a whole … Our senses evolved to work together – vision influencing hearing, for example – which means that we learn best if we stimulate several senses at once.”2

1 Kelly Matthews “Five propositions for genuine students as partners practice” (2019) International Journal for Students as Partners, 1(2), retrieved from https://doi.org/10.15173/ijsap.v1i2.3315. 2 John Medina, Brain Rules (2014, Pear Press) p 179. See also Daniel Schwartz, Jessica Tsang & Kristen Blair, The ABCs of How We Learn (2016, W. W. Norton). 1

To make sure that what we do is effective, we have conducted student-led surveys and focus group meetings, reflected on our findings, and refined the arrangement. Students from the LLB, BA&LLB, BBA(Law) and BSS(GL) curricula have formed a Teaching & Learning team called “LEAD” (Legal Education Aligned with Diversity) to promote student-teacher partnership and collaborative production of multimedia learning resources. The LEAD partners have evaluated the effectiveness of Optional Exploration (Directions in Legal Education conference presentation, 5:13-5:33), shared student reflections (www.law.hku.hk/collab) and their partnership experience (with photos): https://www.cetl.hku.hk/teaching-learning-cop/let-students-take-the-lead/ https://www.learning.law.cuhk.edu.hk/post/we-are-leaders-students-aspartners-producers-and-pioneers Click and see how partnership and multimedia learning are combined and achieved through Optional Exploration. COURSE DESCRIPTION Topics for semester 1 (outlines co-authored by Alice Lee and students) (1) Fundamentals A. Terminology – Ch 1 Legal & Equitable B. Formalities for Acquisition of Interests – Ch 2 Legal & Equitable C. Co-ownership – Ch 5 Legal & Equitable (2) Equitable Doctrines – Ch 4 Equitable (3) Proprietary Estoppel – Ch 3 Equitable (4) Adverse Possession – Ch 6 Legal (5) Priority – Ch 7 Legal & Equitable Topics for semester 2 (taught by Professor Say Goo) (6) Leases – Ch 9 (7) Leasehold covenants – Ch 8, 10 (8) Licences – Ch 11 (9) Easements – Ch 12 (10) Mortgages – Ch 13 Topics (1) to (5) in semester 1 lay the foundation for the course and remain relevant as background knowledge in semester 2. The interrelationship between the two semesters, and everything you need to know about the Land Law course, the Optional Exploration, and essential information about learning and assessment (including past papers & answers, grade distribution, SETL comments & response) will be explained in Lecture 1.

LEARNING RESOURCES PRESCRIBED TEXTBOOK:

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SH Goo and Alice Lee, Land Law in Hong Kong (LexisNexis, 4th edition, 2015) The corresponding chapters in the textbook are indicated above. The textbook is written for a wider audience (students, teachers, practitioners, judges, and others interested in the subject) and each chapter is selfcontained. It does not necessarily follow the flow of lecture topics, which are chosen and arranged for students taking this Land Law course. The lecture outlines for semester 1 are co-designed by teacher and students to facilitate your reading, learning and preparation for lectures. Read the outlines and the cases and statutes cited therein first, to grasp the key concepts and their flow, before reading the textbook. The recommended order: (1) outline, (2) cited cases and statutes, (3) textbook. The lecture (and the outline) always prevails. TEACHING TEAM Jacky Chan ([email protected]) graduated from HKU CivE & LLB and PCLL, and KCL PGDip in EU Competition Law. He began his practice at the Bar in 2010, focusing on land, trust, matrimonial and general civil and commercial litigation. He has been teaching on the HKU Land Law course since he joined the Bar. Tommy Cheung ([email protected]) is a practising barrister at Des Voeux Chambers focusing on civil and commercial law, with particular interest and experience in land law as well as probate and trusts law. Prior to joining the Bar, he obtained the BCL degree with Distinction from the University of Oxford, and BBA(Law) and LLB degrees with First Class Honours from HKU. Francis Chung ([email protected]) obtained his LLB and LLM degrees at the HKU and the University of Cambridge respectively. He is now a practising barrister at Sir Oswald Cheung’s Chambers. He has developed a wide range of civil practice, with particular interest and experience in Chancery law including land law. Before joining the land law team, he has colectured to LLB students on the law of easements in 2018. Kurt Ng ([email protected]) graduated from HKU LLB and completed PCLL in HKU. He commenced his practice as a barrister in 2018, with primary focus on land, trust, commercial and insolvency litigation. In addition, he also works in land and probate cases involving Tsing Law. Joshua S. Kanjanapas ([email protected]) is a practising barrister with a focus on construction, real property and land related disputes, in addition to company law, trusts and general civil and commercial law. He also lectures on construction law in a programme hosted by Birmingham City University. He obtained the BBA(Law) and LLB degrees and completed PCLL in HKU.

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Carter Chim ([email protected]) is a practising barrister and a full-time lecturer: https://www.law.hku.hk/academic_staff/carter-chim/ Alice Lee ([email protected]) is associate professor and Associate Dean (Academic Affairs): https://www.law.hku.hk/academic_staff/alice-lee/ LEARNING OUTCOMES Let’s adopt the HKU Educational Aims3 as possible goals and add other attributes that are essential to knowledge-building and personal growth: Possible goals / learning outcomes 1 Explain the legal and equitable doctrines applicable to the ownership and acquisition of interests in land and their rationale

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2 Identify problems concerning the acquisition of, and conflicting claims over, interests in land and apply the relevant land law doctrines, cases and statutory provisions to solve those problems 3 Critically evaluate and synthesize the various land law doctrines and comment on their interrelationship 4 Make suggestions on the development of land law, both local and global, with reference to landmark cases 5 Sharpen your communication, presentation, legal research, and problem-solving skills, all of which will be helpful in your lifelong learning 6 Find your passion and purpose, and decide for yourself what role you want to play in learning and in life

To achieve the overarching Educational Aim (leadership & advocacy for the improvement of the human condition), let’s share our knowledge and connect with the world: “Of course an individual can make a huge difference but it is when those individuals come together with like-minded souls that they can change the world for ever and importantly for the better.” ~ Sir Richard Branson LEARNING OUTCOMES (1) Essential knowledge )

LEARNING ACTIVITES

3 HKU aims at enabling students to develop capabilities in: 1. Pursuit of academic / professional excellence, critical intellectual enquiry and lifelong learning 2. Tackling novel situations and ill-defined problems 3. Critical self-reflection, greater understanding of others, and upholding personal and professional ethics 4. Intercultural understanding and global citizenship 5. Communication and collaboration 6. Leadership and advocacy for the improvement of the human condition 4

(2) (3) (4) (5) (6)

Professional skills Critical evaluation ) Legal development ) Lifelong learning skills ) Self-exploration )

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Lecture Discussion + Tutorials + Optional Exploration

LEARNING ACTIVITIES to achieve LEARNING OUTCOMES LECTURE DISCUSSION We meet every Monday for interactive discussion. In order to benefit from the discussion, you have to complete the required readings beforehand. Outlines (with relevant cases/statutes and questions) are provided in advance to guide you through the reading and help you make your own notes. What you have read does not become your knowledge unless and until it is evaluated, synthesized and summarized in your own words. The lecture outline is for you to type your notes during lecture discussion (and the outline will be co-edited first by Optional Exploration teams, see below). PowerPoint is for one-way dissemination rather than interaction. There are pedagogical reasons for using the lecture outlines to stimulate and record our synchronized thoughts. OPTIONAL EXPLORATION In 2017-18, we set aside a separate time slot for optional exploration; owing to time constraints, not all interested students were able to take part and present their work in class. Upon reflection and considering students’ views and feedback, we have decided to revise the optional exploration as an enhanced version of flipped learning, i.e. it has become an integral part of the lecture rather than a separate activity. To address some common problems with flipped learning (such as free-riders, insufficient monitoring/guidance/quality assurance), you will choose your teammates and topics, and we will meet beforehand to coordinate different teams on the same topic. When it is done, you will insert your exploration output (e.g. video or animation) into the lecture outline, which will then be used in class for discussion, elaboration, and notetaking. This is a new feature. In Lecture 1, we will illustrate and agree on the specific arrangements. What remains unchanged is that it is entirely optional. There is no restriction on the mode of presentation so long as you can achieve the goals of Contribution, Captivation & Creation (see Optional Exploration outline). TUTORIALS There is a weekly one-hour tutorial for you to study and apply important principles/ cases/statutes. You will also learn the essential skills for the study and practice of law: - Identify legal issues - Define the client’s problems

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- Explain the relevant law and its application - Advise the client - Logically present your arguments (i.e. clear, coherent, concise and precise) “IDEAL” is our preferred approach. It summarizes our assessment criteria. In tutorial and in exam, you have to advise a client on a given factual scenario which is based on a real case. We have a Feedback Tutorial for you to improve, and a Flipped Tutorial for you to learn by designing a question (see Tutorial worksheets).

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ASSESSMENT or ACHIEVEMENT OF LEARNING OUTCOMES There are two examinations, in December and in May, which are of equal weight. The December Exam is on Land Law I topics covered in semester 1. The May Exam is mainly on Land Law II topics covered in semester 2, but Land Law I topics remain relevant as background. PRIORITY is a topic examinable in both exams. In either exam, you have to answer ONE COMPULSORY question, which is further divided into sub-questions, in TWO HOURS (including 10 minutes of reading time). It is an OPEN BOOK exam so that you can focus on the analysis and application of the principles and authorities you have learnt without memorizing them. For the avoidance of doubt, it will be the same exam for all students, i.e. everyone will have to attempt the entire exam whether you have chosen Optional Exploration or not. If you do, the Exploration mark will be worth 30% if it turns out to be higher than the aggregate exam mark, i.e. only benefit, no burden (see Optional Exploration outline). FEEDBACK and FEEDFORWARD as part of the LEARNING PROCESS Assessment without feedback does very little to support student learning. 4 In addition to feedback on past performance, we have a Feedback Tutorial for you to receive feedback for future improvement. This is better known as “feedforward”, as we are forward-looking and giving constructive and concrete suggestions to help you improve in the exam (see Tutorial worksheet). Of course, we also make sure that the assessment criteria are understood, and the grading is fair: BEFORE THE EXAM Students’ preparation 1. To help you prepare for the exam, there is REVISION at the end of Land Law I 2. To help you understand the grading, there is in-class elaboration on the assessment criteria and standards BEFORE THE GRADING Examiners’ preparation 1. To facilitate grading, all examiners will receive a detailed marking guide 2. To ensure fairness and consistency in grading, all examiners will meet and compare their grading of sample scripts in order to set common standards AFTER THE GRADING Moderation and Feedback 1. To ensure fairness and consistency in grading, there will be moderation, i.e. checking the grading and making adjustment if necessary 2. To help you learn from the assessment and improve, there will be different forms of feedback as well as a Feedback Studio (in semester 2) 4 http://www.cetl.hku.hk/teaching-learning-cop/community-wise-alice-lee/ 7

ASSESSMENT CRITERIA Excellent

Good

Satisfactor y

Pass

Identify legal issues Define the client’s problems Explain the relevant application Advise the client

law

and

its

Logically present your arguments

“IDEAL” is our preferred approach. Adopt this approach in tutorials and in examination. GRADE DESCRIPTORS First Class GPA = 3.6 – 4.30 A+ A

Outstanding Excellent

(90-100) (85-89)

GPA=4.3 GPA=4.0

EITHER demonstrates qualities of originality in approach and argument, effective analytical and critical abilities, and a thorough understanding of the relevant law and legal issues; OR demonstrates a very thorough understanding of the law, fluently expressed, founded on careful and critical reading of relevant materials, and independent judgment. AND demonstrates highly effective organizational, rhetorical and presentational skills. Work reaching this standard should be awarded an A+. Where work satisfies most of these standards, but falls slightly short in one or two respects, then an A should be awarded. A–

Borderline Excellent

(80-84)

GPA=3.7

Demonstrates some of the qualities required for an excellent grade, but overall falls short of Excellence (e.g. is less comprehensive, or perhaps incompletely states the law on a minor issue, or misapplies it in relation to the facts re a minor issue, or perhaps incompletely deals with or even omits a minor issue etc), or otherwise contains some minor errors. AND demonstrates effective organizational, rhetorical and presentational skills.

Upper Second GPA = 3.0 – 3.59 B+

Very Good

(76-79)

GPA=3.3

Demonstrates very good skill and ability in identifying, analyzing, dealing with the main issues, displays an ability to present persuasive arguments backed up by authority where necessary,

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but falls short of Excellence (e.g. is less analytical, critical, or thorough, incompletely states the law, misapplies the law and/or incompletely deals with or omits some issues etc) or contains some errors. AND demonstrates sound organizational, rhetorical and presentational skills. B

Good

(73-75)

GPA=3.0

Demonstrates good skill and ability in identifying, analyzing, dealing with the main issues, ability to present coherent, structured arguments backed up by authority where necessary, but falls short of Very Good in some material aspects (e.g. arguments less fully developed and persuasive, coverage of issues less comprehensive or complete, structure of answers less logical or coherent, omission to cite some minor authorities where necessary, or application of law to facts less developed). AND demonstrates good organizational, rhetorical and presentational skills.

Lower Second GPA = 2.4 – 2.99 B–

Borderline Good

(70-72)

GPA=2.7

Broadly identifies the major issues and displays a broad understanding of the relevant law, but contains errors or is vague or confused on an issue or in applying the law to the facts, or omits some major issues etc. AND demonstrates fair organizational, rhetorical and presentational skills but structure of answers less organized.

Third Class GPA = 1.7 – 2.39 C+ C C–

Very Satisfactory (66-69) Satisfactory (63-65) Borderline Satisfactory (60-62)

GPA=2.3 GPA=2.0 GPA=1.7

Identifies and broadly deals with some of the major issues, but displays a more limited understanding of the relevant law or contains major errors or is generally confused in stating or applying the law to the facts. AND demonstrates adequate organizational, rhetorical and presentational skills. Where work generally satisfies these standards, it should be awarded a C+. Where work broadly reaches this standard but falls short in one or more respects, it should be awarded a C or C–.

We understand the grading implications on GPA and Class of Honours, which will be

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emphasized in the marking guide and at the examiners’ meetings mentioned above (p 6).

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