Module details for Law of Property

Description

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.

Aims

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

Learning Outcomes

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

Indicative Content

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

7 Leases

Real rights in a lease; constitution of lease, obligations of parties; rent; Termination: irritancy, removing, ejection, recovery of possession. Commercial leases. Statutory tenancies.

Teaching and Learning Work Loads