LS452D: PRIVATE PROPERTY AND THE COMMON GOOD (2018-2019)

Last modified: 22 May 2019 17:07

Course Overview

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.

Course Details

Study Type	Undergraduate	Level	4
Session	Second Sub Session	Credit Points	25 credits (12.5 ECTS credits)
Campus	Old Aberdeen	Sustained Study	No
Co-ordinators	Mr Malcolm Combe

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

Any Undergraduate Programme (Studied)
Either Programme Level 3 or Programme Level 4
Law (LS) (Studied)

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?

Course Description

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.

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 31 August 2023 for 1st half-session courses and 22 December 2023 for 2nd half-session courses.

Summative Assessments

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.

Formative Assessment

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

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.