production
Skip to Content

LX402P: SCOTS LAW OF LEASES AND COMMERCIAL PROPERTY (2021-2022)

Last modified: 13 Sep 2021 15:10


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
Session First Sub Session Credit Points 30 credits (15 ECTS credits)
Campus Aberdeen Sustained Study No
Co-ordinators
  • Prof Anne-Michelle Slater

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

  • Any Undergraduate Programme
  • One of Programme Level 3 or Programme Level 4 or Programme Level 5
  • Law (LS)
  • 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?

Yes

One or more of these courses have a limited number of places. Priority access will be given to students for whom this course is compulsory. Please refer to the Frequently Asked Questions for more details on this process.


Course Description

Course Aims: The aim of this course is to examine the commercial and social nexus of property law topics. In particular, the course will aim to

  1. Explore and critically evaluate the key principles of the Scots law of leases commercial property and planning law;
  2. Develop legal research, reasoning, analysis and legal argument proficiency plus oral, written and team working skills, combined with the opportunities to respond constructively to feedback; and
  3. By providing students with the above knowledge and skills enable them to progress their legal education with greater understanding and confidence.

Main Learning Outcomes:

Knowledge and Understanding Seminars 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;
  • Commercial leases – long leases, the registration of leases.
  • The essential characteristics of property transfer;
  • The methods by which major legal systems deal with property transfer;
  • The distinctions between original and derivative acquisition of real rights;
  • The implications of Sharp v Thomson, Burnett’s Trustee v Grainger and Moncrieff v Jamieson.
  • Registration systems relative to land;
  • The methods of dealing with overriding interests;
  • The relevance of servitudes to a development context;
  • The doctrines by which a real right may be distinguished from a personal right; and
  • The main aim is to examine in greater depth than is possible in the general class, issues arising in the law of conveyancing. While the detail of the existing rules is important, it will also be important to consider their practical and economic effect. Another principal aim is to foster the ability to conduct independent research taking account of relevant legislation and judicial precedent. This necessarily involves self-motivated learning and the habit of regularly checking Current Law and the journals. By the end of the course you will have developed knowledge of some of the practical and theoretical issues currently arising in property and conveyancing and possible approaches to reform.

 

Subject-Specific Skills and Concepts

Students will be able to:

  1. Differentiate between and use appropriate primary and secondary sources and identify and retrieve up-to-date legal information using paper and electronic sources;
  2. Use recognised methods of citation;
  3. Use sources to support arguments and conclusions;
  4. Recognise, analyse, and rank arguments and evidence in terms of relevance and importance by managing volume of legal sources and select key material to construct written or oral answers to a legal problem;
  5. Identify the legal problem from information provided;
  6. Address problems by reference to relevant material;
  7. Bring together, integrate, compare and synthesise information and materials from a variety of different sources, which explore policy and doctrinal issues;
  8. Be able to find in paper form legislative and case law materials in the Law Library;
  9. Present arguments for and against propositions;
  10. Be aware that arguments require to be supported by evidence, in order to meet legal requirements of proof by showing awareness of the need for evidence to support arguments;
  11. Apply knowledge and analysis creatively to complex situations in order to provide arguable solutions to concrete problems by presenting a range of viable options from a set of facts and law;
  12. Think critically and make critical judgements on the relative and absolute merits of particular arguments and solutions and make choices as to the most preferable;
  13. Communicate orally and in writing (and electronically where appropriate) using English language by creating work in a permanent format that is understandable by the intended audience (through submission of exam answers, essays, samples thereof and participating in tutorial discussion);
  14. Communicate in plain English, with legal terminology only as needed; and
  15. Display informed knowledge and understanding of the social, economic, moral and ethical contexts in which law operates by demonstrating legal knowledge in association with related policy, underlying social conditions, professional ethical issues and moral issues.

Key Skills (Transferable)

  1. Communicate orally and in writing;
  2. Ability to work effectively in small groups to contribute to the group's task;
  3. Ability to work independently, to organise and manage time, stress and effort in performance of tasks;
  4. Problem solving skills;
  5. Critical analysis;
  6. Logical argument;
  7. An ability to synthesise and organise complex materials and arguments.

In light of Covid-19 this information is indicative and may be subject to change.

Contact Teaching Time

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

Teaching Breakdown

  • 1 Seminar during University weeks 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20

More Information about Week Numbers


In light of Covid-19 and the move to blended learning delivery the assessment information advertised for second half-session courses may be subject to change. All updates for second-half session courses will be actioned in advance of the second half-session teaching starting. Please check back regularly for updates.

Summative Assessments

Essay

Assessment Type Summative Weighting 50
Assessment Weeks 20 Feedback Weeks 26

Look up Week Numbers

Feedback

Feedback will be provided on the feedback form within three weeks from the date of submission.

Word Count 2500
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.

Essay

Assessment Type Summative Weighting 50
Assessment Weeks 12 Feedback Weeks 17

Look up Week Numbers

Feedback

Feedback will be provided on the feedback form within three weeks from the date of submission.

Word Count 2500
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.

Formative Assessment

Field Trip Log

Assessment Type Formative Weighting
Assessment Weeks Feedback Weeks

Look up Week Numbers

Feedback

Students are to individually or in small groups (consistent with physical proximity guidance) visit a large retail development and write short notes on a checklist of lease-commercial property-planning issues, this list forming part of the preparation for the final seminar.

Staff will not accompany students and there will be no prior arranged meetings. Goggle maps can be used as an alternative to visiting in person.  

Learning Outcomes
Knowledge LevelThinking SkillOutcome
Sorry, we don't have this information available just now. Please check the course guide on MyAberdeen or with the Course Coordinator

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.

Compatibility Mode

We have detected that you are have compatibility mode enabled or are using an old version of Internet Explorer. You either need to switch off compatibility mode for this site or upgrade your browser.