Law of Property provides an in depth study of the principal concepts of property and particularly in relation to rights and duties to land, in Scots law.
The aim of this Module is to provide the student with : a deep understanding of the fundamental concepts of property law and their application to the creation, transfer and discharge of real rights in Scotland
By the end of this module the student should be able to:
1. Explain the nature of property and the types of ownership rights within the Scottish system of landownership, including incorporeal property such as intellectual property
2. Critically analyse the principles applying to the creation, variation, discharge and extinction of real burdens and servitudes. and understand the law of the tenement
3. Understand the relationship of missives and dispositions and the main clauses therein
4. Define and explain the unique features of the contract of lease and real rights in leases
5. Critically assess the system of land registration in Scotland and the developing agenda in relation to land information systems and searching
6. Demonstrate higher order legal skills and knowledge and apply them by problem solving
1 The Nature of Property and Ownership
Classifications of property. The nature of property and ownership; real and personal rights. Corporeal and incorporeal rights, such as intellectual property. Acquisition of title; rights in security. Hohfeld and the nature of rights. The feudal system of land ownership and its abolition; real rights in land. Separate tenements in the land; Regalia; water rights; mineral rights. Fixtures.
2 Real burdens and title conditions
Real burdens and servitudes, title and interest to enforce. The Title Conditions (S) Act 2003. Variation, discharge and extinction
3 Law of the Tenement
Common law; Tenements (S) Act
4 Registration of Title
The processes and effects of Land Registration. e- conveyancing. The form of the registers and the purposes and processes of searching. Inhibitions and Land Attachment.
5 Contracts for Sale and purchase of Heritage
Common law requirements and typical clauses found in modern missives and their effects.The Scottish Standard Clauses
6 dispositions and standard securities
The form and content of the disposition and the standard security and the significance and effect of the clauses therein, including implied clauses
Real rights in a lease; constitution of lease, obligations of parties; rent; Termination: irritancy, removing, ejection, recovery of possession. Commercial leases. Statutory tenancies.
Statement on Teaching, Learning and Assessment
The module is delivered by lectorials where students are expected to contribute through prior reading and problem solving exercises while the seminars require students to lead the discussion with only guidance and direction from the tutor. Students will require to present on an assigned topic during tutorials. This requires critical analysis, research, professional legal writing skills and time management. Informal group working through the sharing of ideas is encouraged and the tutor supports this work. The second unit unit of assessment is an examination with a mix of problem questions and discursive essays. The feedback week activity will be feedback on the presentations
Teaching and Learning Work Loads
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Credit Value – The total value of SCQF credits for the module. 20 credits are the equivalent of 10 ECTS credits. A full-time student should normally register for 60 SCQF credits per semester.
We make every effort to ensure that the information on our website is accurate but it is possible that some changes may occur prior to the academic year of entry. The modules listed in this catalogue are offered subject to availability during academic year 2017/18 , and may be subject to change for future years.