Last modified: 22 May 2019 17:07
Property law is traditionally taught within the sphere of private law. This custom does not fully reflect that property law - and particularly land law - is often shaped by public policy, public needs and even public desires. Scotland provides a fascinating case study of the fact that property law can be and is being bent to the common good. This course will analyse and critique this trend, with reference to important pieces of land reform legislation and associated developments.
| Study Type | Undergraduate | Level | 4 |
|---|---|---|---|
| Term | Second Term | Credit Points | 25 credits (12.5 ECTS credits) |
| Campus | Old Aberdeen | Sustained Study | No |
| Co-ordinators |
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This honours course will set in context the various reforms that have taken place in Scotland since devolution, including:
the right of responsible access;
community rights to buy;
community engagement and community empowerment;
individual (tenant) rights to buy;
the Scottish Land Commission;
common good property;
potential reform measures, such as the compulsory sale order and proposed restrictions on land ownership (such as by reference to land area held).
All of these measures will be considered in the light of relevant human rights devices, including but not limited to Article 1 of the First Protocol to the European Convention on Human Rights.
Information on contact teaching time is available from the course guide.
1st Attempt: essay (20%), written submission in the form of a blog post (5%), and open book examination (75%)
Resit: Normally, no resit is available.
A written submission in the style of a blog post on a topic to be arranged in conjunction with the course co-ordinator in line with the course handbook AND an optional practice exam.
Feedback will be provided on all formative assessments and on all written coursework. Informal feedback will also be provided in class throughout and appointments can be made for one-on-one feedback.
By the end of the course students will have been introduced to, understood and critically evaluated property law in Scotland from perspectives beyond the traditional private law analysis, with particular reference to public access to private land, community rights to buy and entitlements short of that, and other steps towards democratisation of landownership and use in Scotland.
Subject-Specific Skills and Concepts The students will understand the wider socio/economic and political context for the development of property law in Scotland as well comprehending and critically analysing that and other areas of law against the backdrop of relevant human rights instruments.
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