Copperbelt University

School of Humanities and Social Sciences

Department of Law

LS210 Land Law/ES440 Real Estate Law

2024/2025 Academic Year

______________________________________________________________________________

Course Description

This course examines the private law rules pertaining to the ownership and use of
land and explains the principles governing the nature of property ownership and property
rights. It explores the different forms of acquisition and registration of land title and property
rights as well as the different types of ownership and management of land and the use of
land as security.

Course Rationale

Life and man’s existence is largely dependent on land and land is not only the
substratum to which all other things on earth are affixed but virtually everyone lives and has
some relationship with it. Wars and fights are ever waged because of land. Without doubt
therefore, Land Law has a bearing upon diverse areas of social order and has a fundamental
impact on the lives of every person. The necessity of an understanding of Land Law cannot
therefore be over emphasised.

Course Aims
The course examines the nature of interests in land and how the interests are
created. Students taking the course will explore the relationship between statute, common
law and equity in respect of registration and security of title, forms of title and the exercise
of rights with a bearing on interest in land.
Course Objectives

The course’s objectives are that students should at the end thereof acquire:

• Knowledge and understanding of the principal doctrines and underlying theory of

Land Law;

• Knowledge and understanding of some of pertinent key issues in Land Law, including
the historical background thereof;

• Knowledge and understanding of reform proposals as well as diverse academic

commentary on Land Law.

Course Learning Outcomes

Students who successfully complete this course will have achieved the following course
learning outcomes, being ability to.
• Demonstrate awareness of principles of land law and their relationship to the broader
context of law and order;
• Engage in critical analysis of the historical and social significance of Land Law;
• Explain the interaction of common law, equity and statute in view of hypothetical
scenarios;
• Engage in critical analysis of different doctrines of Land Law;
• Demonstrate effective oral communication skills by discussing and debating course
concepts in a scholarly, reflective and courteous manner;
• Demonstrate effective written communication skills by articulating legal concepts
clearly, persuasively and appropriately.
___________________________________________________________________

COURSE CONTENT

Unit 1: Introduction to Land Law in Zambia

1.1 Understanding what land is;
1.2 What is land law?
1.3 The sources of land law in Zambia.

Unit 2: Historical Background of Land Tenure System in Zambia

2.1 Tenures and Estates;
2.2 The pre- and post-Independence land policy in Zambia;
2.3 The One-Party State land policy;
2.4 The recent land policy development.

Unit 3: Ownership of Land and Its Limitations

3.1 The meaning of ownership in relation to land;
3.2 Common Law Limitations to land ownership;
3.3 Statutory Limitations to land ownership.

Unit 4: Fixtures
4.1The distinction between a fixture and a fitting;
4.2 Determining whether a chattel is a fixture or a fitting;
4.3 Common law exceptions to fixtures.

Unit 5: Co - Ownership – Concurrent Interests in Land

5.1The meaning of concurrent interest in land;
5.2 The Different types of co-ownership;
5.3 Provisions of the Lands and Deeds Registry Act.

Unit 6: Legal and Equitable Interests in Land

6.1 Background to Legal and Equitable Interests;
6.2 Distinction between Legal and Equitable Interest in land;
6.3 The Equitable Doctrine of Notice.
Unit 7: Registration of Interests in Land in Zambia
7.1 Transmission of title to land;
7.2 The doctrine in Walsh v Lonsdale;
7.3 The process of land registration in Zambia;
7.4 Caveats.

Unit 8: Mortgages
8.1 The Nature of a Mortgage;
8.2 Types of Mortgages;
8.3 The Rights of the Mortgagor;
8.4 Equitable Principles Applicable to Mortgage Transactions;
8.5 Rights of Mortgagee;
8.6 Discharge of Mortgages.

Unit 9: Easements and Profits

9.1 The Nature of Easements and Profits;
9.2 The Essential Characteristics of an Easement;
9.3 Acquisition of Easements and Profits;

Unit 10: Leases and Licenses

10.1 The essential characteristics of a lease;
10.2 Types of Tenancies;
10.3 Implied obligations and rights of the Landlord and Tenant;
10.4 Landlord and Tenant’s Remedies for Breach of Covenant;
10.5 Licences.

Unit 11: Protection of Tenants of Residential and Business Premises;

11.1 The Rent Act;
11.2 The Landlord and Tenant (Business Premises) Act.

Unit 12: Statutory control of land use in Zambia

12.1 Urban and Regional Planning Act, 2015;
12.2 The Public Health Act;
12.3 Local Government Act.

Unit 13: Acquisition of Property in Zambia

13.1 The meaning of Power of Eminent Domain;
13.2 Historical background to Compulsory Acquisition of Property in Zambia;
13.3 The process of Compulsory Acquisition.

Unit 14: The African Concept of Land Ownership

14.1 Understanding Customary Land Tenure;
14.2 How Customary Land is acquired and transferred.
______________________________________________________________________
Methods of Instruction
The Land Law course will be delivered through a combination of lectures, tutorials,
seminar presentations and discussions.

Course Assessment
The Course will be assessed through coursework and final examinations. The coursework
will carry 40 percent, while final University examination will carry 60 percent. The
coursework marks (Continuous Assessment (CA)) will be distributed as follows:
Assignment : 30 marks, Test: 10 marks, Total 40 marks
Final Examination : 60 marks
Final Total : 100%

Marks Grades Points Classification

86% - 100% A+ 5 Distinction
76% - 85% A 4 Distinction
66% - 75% B+ 3 Meritorious
61% - 65% B 2 Satisfactory
56% - 60% C+ 1 Clear Pass
50% - 55% C 0 Pass
0% - 49% D 0 Fail
Duration of the Course
The Land Law course will take a full academic year.

_______________________________________________________________________

Prescribed Reading

1. F.S. Mudenda (2007), Land Law in Zambia, cases and Materials, Lusaka, UNZA
Press
2. D.H. Hayton (1982), Megarry's Manual of the Law of Real Property, 6th edition.
London: Stevens & Sons.
3. Megarry and Wade (1984), The Law of Real Property, 5th edition. London: Stevens
& Sons.
4. E.M. Burn (1986), Land Law: Cases and Materials, 5th edition. London:
Butterworths.

_______________________________________________________________________

Recommended Reading
1. M.P. Mvunga, Land Law & Policy in Zambia. Zambian Papers. No. 17.
2. J.G. Riddall (1988), Land Law, 4th edition. London: Butterworths.

_______________________________________________________________________

Assignment Questions

1. Assignment No. 1
The doctrines of Tenure and Estate are essential doctrines to English Land
Law and there is a history to them routed in Feudalism. Discuss the evolution
of these doctrines.
 Your paper should be a maximum of five pages, typed in 12” font, double spaced
and should demonstrate evidence of scholarly research and integrity. All forms of P
plagiarism will attract strict sanctions.

Submission of the work will be by way of (i) hard copy to be physically handed in and
(ii) soft copy sent to [email protected]

Dead line: Monday 13th January 2025

2. Assignment No. 2
Critically discuss the doctrine of Notice with the help of decided cases

Your paper should be a maximum of five pages, typed in 12” font, double spaced
and should demonstrate evidence of scholarly research and integrity.

Submission of the work will be by way of, (i) hard copy to be physically handed in
and, (ii) soft copy sent to [email protected]

Dead line: Monday 3rd March 2025