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LS402P: SCOTS LAW OF LEASES AND COMMERCIAL PROPERTY (2021-2022)

Last modified: 31 May 2022 13:05


Course Overview

The aim of this course is to ensure that participants can develop a good grounding in two important connected fields of law – leases and land law.  In particular, the course will cover the following topics:

The philosophy of the lease; the lease as a ‘real’ right; the interaction of common law and statute in the Scottish law of leases; the residential lease – public sector/private sector; recent statutory developments in respect of residential tenancies; agricultural leases; commercial leases; long leases, the registration of leases

Building upon the particular context of the commercial lease, the course then considers a selection of issues arising from contemporary property transactions. This will include investigation of the list of real and public rights available in Scots law (the numerus clausus principle) and its possible extension, the identification of how rights are created and transmitted including positive prescription and land registration, all with with particular reference to the law of real burdens and servitudes and other restrictions on the use of land.

The practical application of the law of lease and conveyancing theory, plus the intersection with planning law, will be discussed in the particular contest of a (hypothetical) retail centre development.

Course Details

Study Type Undergraduate Level 4
Term First Term Credit Points 25 credits (12.5 ECTS credits)
Campus Aberdeen Sustained Study No
Co-ordinators
  • Prof Anne-Michelle Slater

What courses & programmes must have been taken before this course?

  • One of Programme Level 3 or Programme Level 4 or Programme Level 5
  • Law (LS)
  • Any Undergraduate Programme
  • LS2031 The Law of Property (Passed)

What other courses must be taken with this course?

None.

What courses cannot be taken with this course?

None.

Are there a limited number of places available?

No

Course Description

None.

Contact Teaching Time

Information on contact teaching time is available from the course guide.

Teaching Breakdown

More Information about Week Numbers


Details, including assessments, may be subject to change until 30 August 2024 for 1st term courses and 20 December 2024 for 2nd term courses.

Summative Assessments

Alternative Assessment

2x Essay 2,500 words

Alternative Resit Assessment

Resit failed element in same format

Formative Assessment

There are no assessments for this course.

Course Learning Outcomes

Knowledge LevelThinking SkillOutcome
ConceptualAnalyseDemonstrate advanced understanding and engagement with interrelating questions relating to property law in Scotland, including leases, commercial property and planning.

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