PROPERTY LAW FOR REAL ESTATE SURVEYORS

PROPERTY LAW FOR REAL ESTATE SURVEYORS 2019-2020 Course Convenor: Dr Stephen Bogle 1. COURSE DETAILS Name: Property Law For Real Estate Surveyors (LAW5173) Level: Level…

PROPERTY
LAW FOR REAL ESTATE SURVEYORS

2019-2020

Course
Convenor:

Dr
Stephen Bogle

1.
COURSE DETAILS

Name: Property
Law For Real Estate Surveyors
(LAW5173)

Level:
Level 5

Credit
Value: 10
credits (100 learning hours)

Please
note that the generic information in the Urban
Studies Postgraduate Handbook
applies to this course.

2.
COURSE AIMS

This
course is designed to introduce postgraduate students from
non-cognate backgrounds to the principles of land and property law.
The specific aims of the course are to:

develop
a critical understanding of aspects of Scots property law and how
these compare with property law elsewhere in the UK;

introduce
historical, social and comparative theories which impact on evolving
legal understanding of key concepts including ownership, transfer,
title conditions, trusts and the role of human rights;

allow
detailed examination of issues of current conflict in this area
including proposals for reform; and

encourage
critical analysis of the principles and practice of property law.

3.
COURSE LEARNING OBJECTIVES

In
accordance with the specific and evidenced competency requirements of
the accreditation body (RICS), by the end of this course students
will be able to:

differentiate
the concepts of land ownership, land tenure and land registration,
including the nature of subordinate property rights;

analyse
the principles and practice of property law, and differentiate
between heritable and moveable property and the legal rules relating
to ownership and transfer of such property;

detailed
understanding of landlord and tenant legislation and how this
differs across the UK, and display knowledge and understanding of
practice relating to landlord and tenant;

establish
the legal position of landlords and tenants in relation to the
rights and responsibilities they have towards occupiers and other
stakeholders;

understand
the steps involved in the voluntary transfer of heritable property –
conclusion of the contract of sale; completion of title and clauses
in deeds;

understand
and evaluate historical, social and comparative theories which
impact on evolving legal understanding of key concepts including
ownership, transfer, title conditions, trusts and the role of human
rights;

discuss
the legal issues and processes related to heritable securities;

examine
and debate issues of current conflict in this area including
proposals for reform; and

independently
research a set property law topic and present findings in a
structured, analytical manner.

4.
TEXTBOOKS

There
is no single prescribed course textbook.

Students
may find it helpful to consult the following textbooks, all of which
are available on High Demand in the University Library. References to
specific chapters or page numbers will be provided where appropriate.

G
Black (ed), Business
Law in Scotland
(4th ed, 2019)

D J
Carr, Property
Law Basics
(3rd
ed, 2018)

G L
Gretton and A J M Steven, Property,
Trusts and Succession
(3rd
ed, 2017)

I
MacNeil (ed), Scots
Commercial Law
(2014)

H
MacQueen and R D Mackay (eds), Gloag
and Henderson: The Law of Scotland
(14th
ed, 2017) (also available online
via the Westlaw
database).

For
students who wish to explore further, each of these books provides
suggestions for more in-depth reading on the topics covered. Students
may also wish to consult the Stair
Memorial Encyclopaedia,
an encyclopaedia of the laws of Scotland, which currently contains 25
separate volumes covering 130 separate topics. The SME is accessible
via the LexisLibrary
database, or a print copy is available in the University Library.

Scottish
and UK legislation can be accessed at www.legislation.gov.uk.

5.
TEACHING METHODS AND HOURS

The
course is taught by seminars, which take place on Tuesdays from
1400-1700 on the dates noted below. Seminars will include a mix of
lectures and class discussion, in which students should be prepared
to participate.

Date

Topic

Venue

5/11/19

The
Scottish Legal System

Rm
108, Rankine Building

12/11/19

Ownership
and transfer of property

Rm
108, Rankine Building

19/11/19

Regulation
of ownership of land

Rm
108, Rankine Building

26/11/19

Leases

Rm
108, Rankine Building

3/12/19

Land
law policy and reform

Rm
108, Rankine Building

Students
are also asked to sign up for a single
one-hour tutorial on Wednesday
27th November,
which will focus on legal problem-solving skills in preparation for
the course assessment. Sign-ups are available on the course Moodle
page.

Tutorial
group

Time

Venue

1

Tbc

Tbc

2

Tbc

Tbc

3

Tbc

Tbc

6.
ASSESSMENT

100%
of the grade for the course will be assessed by a 2,500 word written
analysis of a complex legal problem.

The
problem will be made available on Moodle on 4th
December 2019.

Assignments
must be submitted by 20th
January 2020.

Marked
assignments will be returned to students by 10th
February 2020.

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