Property Law (Law 224)

Spring Semester 2014

Instructor: Asad Farooq
Schedule: TBC
Email: asadfarooq@lums.edu.pk
Course Overview
Property Law would be more accurately described as the Law of Property Relations. The title change
indicates much of what we will be exploring within this course, orienting our study not towards
abstract out there understanding of land-property-law, but towards understanding them relationally,
that each of these is formulated within a particular time-space and the context of that formulation
allows us to uncover the relationships they represent/buttress.
The course maps itself into four parts. PART A is about thinking property, examining the
theories, definitions and histories of property and examines the hegemonic notion of property and its
association with capital, and political theory; PART B the frames and maps by which property
relationships have been organised here in the sub-continent and in Pakistan tracing their trajectories
through pre-colonial, colonial and post-colonial formations ; PART C introduces us to the regimes
of law within which govern the ownership and occupation of land, including concepts of estates and
interests, legal and equitable ownership, and modes of transfer; PART D examines third party
interests in or over land (easements, licences, co-ownership, trusts et al); PART E will examine
particular forms of property and contemporary problems in property, urban questions
(both slums and zoning laws), rural specific (commons lands), and new forms of property. Through
each part we map and then examine different regimes of law-property relationships, locating them
within socio-political-economic contexts, and their concomitant religio-philosophical ontologies.
Aims
To be able to locate varying regimes of law-property relationships within their context (historicalsocial-political-economic et al), examining the historical trajectories by which private property and
capitalism become the dominant form of organisation;
To impart a sound understanding of the principles of Property Law & of the centrality of Property
Law to society in an economic system based on the concept of private ownership, and an
understanding of newer emergent forms of property;
To give students an understanding of how Property Law operates to regulate relationships between
owners of property rights & to develop a critical awareness of law reform issues in Property Law;
To develop theoretical analysis & legal reasoning skills in the context of property law with a view to
providing a foundation for more advanced study.
Objectives
Knowledge
You should understand and be able to identify and analyse the primary sources of the principles of
property law.
You should be able to explain the key concepts of land law and demonstrate how they operate
throughout the different parts of the subject area.
You should be able to recognise and solve a land law problem using your substantive knowledge and
appropriate analytical skills of critical legal reasoning.

You should be able to demonstrate an understanding of the origins of the present rules and principles
of land law, of current internal tensions within that law and its operation in society and to speculate in
an informed manner on possible future developments.
Skills
You should be able to demonstrate a competence in the use of a range of legal sources including cases,
statutes, reports, textbooks and databases.
You should have the ability to present a reasoned argument both orally and in writing in a clear and
concise format and style that conveys analysis, arguments and advice in a rigorous and intelligible way.
You should be able to show that you can think creatively by demonstrating a critical awareness of the
tension points in the law and the ability to make informed proposals for law reform.
Method
Class time will be split into three periods: two longer lecture/seminar type sessions, largely involved
with engaging with readings, opening up wider debates and framing the various topics under
discussion, and presenting fact based problems for the application of law and procedure. They will
require advance reading and preparation and will at times involve presentations by students. For most
sessions you will be provided with a worksheet in advance which frames the readings, raises questions
for discussion and often will add further readings and suggestions.
An occasional 60 minutes tutorial session is organised for TBC, this involves addressing queries
students may have, but also and often, mapping the actual workings of legal process. These are noncompulsory sessions, but it is strongly advised that students attend.
Instructor office hours will be announced.
Assessment
The breakdown for assessment for this course is as follows:
Final Exam
Mid-Term/Assignment
Essay
Journals
Class Participation

25%
25%
25%
10%
15%
Course Sketch
PART A Thinking Property

1 Thinking Property
2 The Issues
3 Defining Property
4 Justifications for Property
5 Property and Capital, Custom(s) and Law

6 Enclosures & Political Theory

7 Conceptualising Allocation of Property
PART B
Frames & Maps of Property Relationships
8 Pre-Colonial Histories of Property in India
9 Colonialism, Tenancy & Pre-Emption
10 Post-Colonial Constitutionalism and Property
11 Eminent Domain & Land Acquisition
12 Qazilbash Waqf Case
PART C & D
Regimes of Law & Third Party Interests

13 Broad Concepts of Ownership/Property: Legal/Equitable; Moveable/Immovable; Future Interests;

Co-Ownership; Adverse Possession;
14-23 Transfer of Property Act
24 Easements
25 Mortgages
26 Revenue Acts/Colonisation Acts

PART E
Contemporary Issues in Property Law
27 The Rural-Urban
28 Urban Zoning & Katchi Abadis
29 Inventing New Property