Course Catalogue

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This course allows students to build upon their understanding of Scots property law through a critical analysis of the key principles and themes of this area, focusing particularly on areas of conflict and current developments.

10 x 2 hours seminars across the semester.

LLB students (Scots Law) and visiting students. A passing grade in Property Law, or the equivalent, is necessary.

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Assessment 1: Case Note (30%)

One 1500-2000 word case note, on a recent topical decision of the Scottish courts, worth 30% of the grade.

Assessment 2: 2-hour Exam (70%)

A two hour exam, with a selection of essay questions.

Scots property law is distinctive: shaped by civilian foundations, ongoing statutory reform, and a live political debate about land ownership and social justice that has few equivalents elsewhere. This course offers Honours students the opportunity to engage seriously with that distinctiveness. It allows them to examine foundational concepts such as ownership, transfer, and title conditions not merely as technical doctrine but as expressions of historical, social and political choices that continue to evolve. Students will encounter human rights dimensions of property relations and the active reform agenda being pursued by the Scottish Law Commission, developing the capacity to evaluate law not only as it is but as it might and should be. The course may consider aspects relating to the law of trusts and succession.

The course is designed for students who want to move beyond doctrinal exposition toward genuinely critical engagement with property law. Whether students go on to legal practice, further academic study, or policy work, this course equips them to participate meaningfully in debates about how property law serves (or fails to serve) the needs of individuals and Scottish society.

By the end of this course students will be able to:

■ Recall the rules of contentious or topical areas of property law, including legal authority for these rules in both primary and secondary sources.

■ Explain issues and debates relating to areas of property law, including reform proposals and commentary thereof

■ Critique the operation of those rules in selected areas of current legal controversy or uncertainty.

■ Evaluate the theoretical and doctrinal foundations of Scots property law.

■ Assess proposals for the reform of Scots property law, with reference to relevant human rights considerations and competing policy interests.