Property Law for Real Estate Surveyors LAW5173
- Academic Session: 2023-24
- School: School of Law
- Credits: 10
- Level: Level 5 (SCQF level 11)
- Typically Offered: Semester 1
- Available to Visiting Students: Yes
This course aims to provide an understanding of the Scots law of property, trusts and succession, the process of transfer of property (conveyancing), and landlord and tenant law, enabling students by the end of course to critically analyse and debate the key principles and themes within this area.
The course will be delivered in 3 hourly blocks in semester 1, once per week, over 6 consecutive weeks.
A 2,500 words academic essay based on a complex property law problem.
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.
Intended Learning Outcomes of Course
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.
Minimum Requirement for Award of Credits
Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.
Minimum requirement for award of credit for students on MSc City Planning & Real Estate Development and MSc Real Estate is D3 or above.
University standard regulations apply for students on all other qualifications.