WEEK 3: GENERAL OVERVIEW & APPLICABLE LAWS------CURRICULUM, LESSON PLANS & CASE STUDIES

COUNCIL OF LEGAL EDUCATION

NIGERIAN LAW SCHOOL

PROPERTY LAW PRACTICE

CURRICULUM, LESSON PLANS & CASE STUDIES

2016/2017 ACADEMIC SESSION

WEEK 3: GENERAL OVERVIEW & APPLICABLE LAWS

“Property” in the first part of this module/course relates to immoveable property (land or interest in land). On the other hand, when dealing with the administration of estates, “property” is used to include moveable properties (shares, money, etc). Candidates would need to have read the following: Land Use Act; Conveyancing Act, 1881; Property and Conveyancing Law, 1959; Land Instrument Registration Law of Lagos State; Land Instrument (preparation) Law; Mortgage Institutions Act; Registration of Titles Law of Lagos State; Illiterate Protection Law; Stamp Duties Act; Wills Act of 1837; Wills Laws of Lagos, Oyo, Abia and Kaduna States; Administration of Estates Law of Lagos State; High Court (Civil Procedure) Rules of Lagos State as they affect probate practice and administration of estates; Capital Gains Tax Act; Personal Income Tax Act ; Land Use Charge Law of Lagos State; Income Tax Management Act; Tenancy Law of Lagos State, 2011; Legal Practitioners’ Act and Rules of Professional Conduct.

This course would be based on the above legislations. Attention would, however, be drawn to other relevant legislations when necessary for emphasis and not for purpose of comparison.

The teaching of the course would focus on the knowledge, skills, values and ethics involved in property transactions and administration of estates. It is assumed candidates have good understanding of principles of land law and Nigerian legislation on property.

Mock registries (covering land registry, stamp duties office, and probate) to be manned by volunteer candidates under the supervision of tutors would be used in the teaching of the course.  Integration with other Courses.

The course would be taught with constant reference to:

1. Communication Skills, Drafting Skills, Client-interview Skill; and Office Management Skill.
2. Ethical issues such as representation of both parties in a transaction; under valuing of registrable instruments; mishandling of clients money; undervaluing of property for the purposes of stamp duties and property taxation and professional responsibilities which arises from client-solicitor relationship.

COURSE CONTENTS

1. Week 3  -- General Overview & Applicable Laws
2. Week 4  – Deeds
3. Week 5  -- Power Of Attorney
4. Week 6 --Sale of Land Part 1
5. Week 7 – Sale of Land Part 2
6. Week 8 – Land Registration Law (Lagos State)
7. Week 9 – Leases Part 1
8. Week 10 – Leases Part 2
9. Week 11 – Mortgages Part 1
10. Week 12 -- Mortgages Part 2
11. Week 13 -- Mortgages Part 3
12. Week 14 -- Billing & Accounts In Property Transactions
13. Week 15 – Will & Codicils Part 1
14. Week 16 – wills & Codicils Part 2
15.  Week 17 -- Wills & Codicils Part 3
16. Week 18 -- Probate Practice
17. Week 19 -- Administration of Estates, Personal Representatives and Assent by

Personal Representatives

18. Week 20 – Property Law Taxation

GENERAL LEARNING OUTCOMES:

Students would be able to:

1. demonstrate a clear understanding of the laws applicable to

a)        the transfer of properties;

b)        administration of estates in Nigeria and apply the relevant laws to a given case;

2. take instructions from clients on the Conveyancing approach they want,
3. conduct investigation of title to land and give advice or write appropriate search report,
4. demonstrate clear understanding of the various steps or procedure to perfection of title to land and a clear understanding of the principles affecting documents of transfer of title to land and apply them to specific cases,
5. draft appropriate or suitable land documents to meet clients’ specification, and to professional standard,
6. give opinion on the best legal option available to a client in specific cases,
7. have a clear understanding of the various forms of transactions affecting land in Nigeria,
8. apply principles of law to covenants in a lease, mortgage, and assignment of leases in a given case,
9. take instructions from a client for the preparation of a will and be able to draft the will to professional standards,
10. demonstrate a clear understanding of the conditions for validity and revocation of wills,
11. apply the principles on validity and revocation of Will to given cases,
12. commence the process of obtaining probate and letters of administration,
13. identify the duties and liabilities of personal representatives and the steps to take in winding up of an estate and,
14. demonstrate a clear understanding of laws relating to property taxation in Nigeria.

SESSION’S SCHEME

WEEK 3 -- GENERAL OVERVIEW AND APPLICABLE LAWS

Outcomes:

At the end of the lesson, students would be able to:

1.      explain the objectives, content and scope of this course

2.      explain various transactions affecting land and the laws that should apply to given cases

3.      apply the applicable laws to given cases

4.      identify ethical issues arising from lack of knowledge of appropriate law, and transaction.

Contents

1. Overview of the Property Law Practice (Module) Course
2. Laws applicable to property transactions, administration of estates and property taxation in Nigeria.

Pre-Class Activities

1. Students are required to read the topic in advance and carry out pre-class activities/tasks.
2. Students are required to read case studies 1 and 2 in advance

Class Activities

1. Tutor presents an overview of the Property Law Practice Course -40 minutes.
2. Students groups discuss and draw up list of transactions affecting land- 20 minutes
3. Sample presentation by groups of students- 20 minutes
4. Tutor presents an overview of applicable laws affecting transactions on land; administration of estates and property taxation in Nigeria -30 minutes
5. Students group makes a list of these laws -10 minutes

15 Minutes Break

6. Tutor presents the case study 1 on a power point along with questions/exercises -10 minutes
7. Students groups discuss and list answers to the questions-30 minutes
8. Groups make sample presentations and, a list of the various transactions arising from the case studies is made; and a list of the various laws applicable to these transactions is also made.-30 minutes
9. Students groups identify ethical issues arising from knowledge or lack of it of the appropriate law and transaction-15 minutes
10. Group sample presentation of ethical issue identified-25 minutes
11. Assessment and Evaluation-10 minutes

TH END