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.
Teaching and Learning Work Loads
For session 2020/21 the expectation is that the teaching and learning hours stated in this descriptor will form a mix of synchronous and asynchronous student/staff activity, with the majority of this being online. The exact pattern of this activity is likely to vary from the standard face-to-face hours listed below but the overall student effort remains the same. Up-to-date information on the delivery of the module can be found on the relevant module MLS site and on your student timetable.
|Teaching and Learning Method||Hours|
SCQF Level - The Scottish Credit and Qualifications Framework provides an indication of the complexity of award qualifications and associated learning and operates on an ascending numeric scale from Levels 1-12 with SCQF Level 10 equating to a Scottish undergraduate Honours degree.
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 2020/21 , and may be subject to change for future years.