Undergraduate Course: Property Law (Ordinary) (LAWS08133)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 8 (Year 2 Undergraduate)
||Availability||Available to all students
|Summary||The course aims to impart
(a) a knowledge and understanding of the fundamental principles of the law of property and of their structural-relationship;
(b) an appreciation of the application of these fundamental principles in relation to the law of ownership and of the subordinate real rights in respect of both heritable and moveable property;
(c) an understanding of the location of property law within the legal system in general;
(d) a knowledge of the historical evolution of property law and an ability to consider the possibilities for its future development;
(e) an ability to apply the intellectual skills developed in earlier study in the Law School in the acquisition of knowledge and in the use and interpretation of primary sources, especially statutes;
(f) an ability to use problem-solving and diagnostic techniques in the application of legal principles to concrete facts;
(g) greater library and IT skills in relation to the acquisition of legal knowledge; and
(h) deepened skills previously learned in earlier study in the Law School and elsewhere, including communication skills; research skills and general skills relating to the organisation of work and time.
Information for Visiting Students
|Pre-requisites||This course is only open to visiting students coming through a direct exchange with the School of Law (including Erasmus students on a Law-specific Exchange). Exchange students outside of Law and independent study abroad students are not eligible to enrol in this course, with no exceptions. Students must have passed Contract and Unjustified Enrichment (LAWS08127) AND Scottish Legal System (LAWS08128) or comparable courses already taken in the home institution.
|High Demand Course?
Course Delivery Information
|Academic year 2022/23, Available to all students (SV1)
|Learning and Teaching activities (Further Info)
Lecture Hours 44,
Seminar/Tutorial Hours 10,
Summative Assessment Hours 3,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
|Assessment (Further Info)
|Additional Information (Assessment)
||Degree examination (taken at end of year) - 80% of the final mark.
Multiple-choice test (taken at the mid-point of the year) - 10% of the final mark
Two formative written exercises (one each semester) - each worth 5% of the final mark
||Each course includes the opportunity for students to participate in a formative feedback exercise or event. The formative feedback events for this course will be two pieces of written work. Tutors will mark and return the exercises with feedback, and a model answer will be issued.
Feedback for coursework will be released via LEARN once all work has been marked.
We recommend that you consult the general feedback provided on assessed work initially, as this will provide useful information about performance in assessment overall.
||Hours & Minutes
|Main Exam Diet S2 (April/May)||3:00|
|Resit Exam Diet (August)||3:00|
On completion of this course, the student will be able to:
- Demonstrate a full knowledge and understanding of the following topics in the law of property: real and personal rights; ranking of real rights and competition of title; classification of property; ownership, including joint and common property; possession; derivative and original acquisition; land registration; prescription; the ECHR and protection of property rights; the subordinate real rights, including leases, real burdens, servitudes, and rights in security; creation, variation, transfer and extinction of real rights; public rights over land and water; law of the tenement; rivers, lochs and the sea; execution of deeds.
- Recognise, analyse and rank arguments and evidence in terms of relevance and importance by: managing volume of legal sources and select key material to construct written or oral answers to a problem; identifying the legal problem from information provided; addressing problems by reference to relevant material; bringing together and integrating information and materials from a variety of different sources; acknowledging ranking of sources and relative impact in context; application of the law and problem-solving in a legal context; presenting arguments for and against propositions.
- Be aware that arguments require to be supported by evidence, in order to meet legal requirements of proof by showing awareness of the need for evidence to support arguments.
- Apply knowledge and analysis in a legal context, and creatively to complex situations in order to provide arguable solutions to concrete problems by presenting a range of viable options from a set of facts and law.
- Think critically and make critical judgments on the relative and absolute merits of particular arguments and solutions; act independently in planning and undertaking tasks in areas of law which he or she has already studied; reflect on his or her own learning, and to seek and make use of feedback.
|The textbook for this course is: G L Gretton & A J M Steven, Property Trusts and Succession (4th edn, 2021).|
Other student texts which may be of help are:
C Anderson, Property: A Guide to Scots Law (2016)
D A Brand, A J M Steven & S Wortley, Professor McDonald's Conveyancing Manual (7th edn, 2004)
D J Carr, Property Law Basics (3rd edn, 2018)
G L Gretton and K G C Reid, Conveyancing (5th edn, 2018)
L Richardson and C Anderson, McAllister¿s Scottish Law of Leases (5th edn, 2021)
R R M Paisley, Land Law (2000)
Academic Practitioner Texts:
K G C Reid, The Law of Property in Scotland (1996)
W M Gordon and S Wortley, Scottish Land Law 3rd edn) vol 1 (2009) and vol 2 (2020)
K G C Reid and G L Gretton, Land Registration (2017)
D L Carey Miller with D Irvine, Corporeal Moveables in Scots Law (2nd edn, 2005)
|Graduate Attributes and Skills
||By the end of the course, students should be able to:
- recognise, analyse and rank arguments and evidence in terms of relevance and importance by:
- managing volume of legal sources and select key material to construct written or oral answers to a problem.
- identifying the legal problem from information provided.
- addressing problems by reference to relevant material.
- bringing together and integrating information and materials from a variety of different sources.
- acknowledging ranking of sources and relative impact in context.
- application of the law and problem-solving in a legal context.
- presenting arguments for and against propositions.
- be aware that arguments require to be supported by evidence, in order to meet legal requirements of proof by showing awareness of the need for evidence to support arguments
Apply knowledge and analysis
- in a legal context
- creatively to complex situations in order to provide arguable solutions to concrete problems by presenting a range of viable options from a set of facts and law.
Think critically and make critical judgments on the relative and absolute merits of particular arguments and solutions.
Act independently in planning and undertaking tasks in areas of law which he or she has already studied.
Reflect on his or her own learning, and to seek and make use of feedback.
|Keywords||property law,property rights,land registration
|Course organiser||Dr Andrew Steven
Tel: (0131 6)50 2037
|Course secretary||Miss Oliwia Szczerbakiewicz
Tel: (0131 6)50 9094