Course Catalogue

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This course aims to provide an understanding of the Scots law of property, trusts and succession, and of the process of transfer of property (conveyancing), sufficient to satisfy the requirements for entry to the Diploma in Legal Practice and into the legal profession.

2 lectures per week every week in both semesters (S1: Mon/Fri 1200-1300, S2: Tues/Thurs 1300-1400). 5 x 90 minute tutorials on a fortnightly basis in each semester.

Normally the award of credit for Obligations 1A and Obligations 1B.

Property Law (LAW2011)

None

There will be four summative assessments:
A 90 minute examination in the Christmas diet on the law of property (35%);
A group essay based on a complex property problem (2,500 words). 20 per cent of the mark for this assessment will be derived from a peer assessment of the contribution of the group members in this assessment. (20%);
A 90 minute examination in the summer diet on the law of trusts and succession (35%)
Assessment of tutorial performance (10%).

The aims of the course are:
to explain the nature of heritable and moveable property and the legal rules relating to ownership and transfer of such property;
to introduce the basic elements of intellectual property protection;
to provide students with a knowledge of the concepts underlying leases, the rights and duties of the parties to a lease and assignation and termination of leases;
to introduce students to the trust concept and its operation;
to explain the nature of testate and intestate succession, testamentary writings, vesting;
to take responsibility for effective individual and group discussion and problem solving exercises;
to develop research skills;
to develop problem solving skills;
to assist the acquisition and development of effective groupworking skills;
to assist the acquisition and development of organisational and communication skills required to both lead and be a participative member of a task-based group;
to satisfy the professional requirements of the Law Society of Scotland and to provide a theoretical basis for Conveyancing practice in the Diploma in Legal Practice.

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

Understand and explain how rights in relation to property are created, transferred, varied and discharged and the general structure of the deeds involved and the nature of the clauses which are common to most deeds
have a basic understanding of the types of protection available for intellectual property
know what rights ownership of heritage confers, the restrictions on the use of heritage, and how such restrictions can be modified
understand how the landlord/tenant relationship is created and terminated, and the obligations and rights of the parties during its currency
understand the basic principles of the trust and its legal regulation and the legal position of truster, trustee and beneficiary and the relationships inter se
understand the general rules and principles of testate and intestate succession
be able to apply their knowledge to the solution of problems in these areas
be able to identify the area of law involved when faced with a new problem in this area, research the problem and suggest possible solutions
be able to carry out independent research and learning
be able to apply research and learning to individual and group problem solving exercises
demonstrate effective groupwork skills including communication, coooperation and time management
be able to lead and participate in groupwork and group assessment
be able to analyse critically and evaluate a current controversial area of Scottish property law and the proposals to reform the same

The minimum requirement for the award of credit is that the candidate attempts all elements of the assessment for the course.

In order to obtain a grade D for the course candidates must achieve an average mark of D over all elements of the assessment, provided that no element other than tutorial participation receives a grade G or less.