LAW FOR THE BUILT AND NATURAL ENVIRONMENT

SHE Level 2
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M2M125810
Module Leader James Connolly
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Summary of Content

This module is designed to give the student a wide perspective of legal matters affecting the built and natural environment that are often taught separately, based upon a theme of property rights and contractual and statutory rights as they relate to land and buildings, water, neighbouring interests, and community rights. Content will include the nature and types of property rights; conveyancing issues concerning the processes of creation and transmission of property rights in the built and natural environment; leases; title conditions; tenement properties; land reform, the planning process; standard forms of construction contracts; and rights and duties in environmental law. PRME related issues covered in this module specifically relate to community land rights, environmental and planning law issues that relate to sustainability and climate change.

Syllabus

The following topics will be covered in the syllabus: -360b7 8 types of property rights; ranking of property rights; types of ownership -360b7 Public Rights to land, water, minerals. Neighbours and nuisance. b7 Feudal system and land reform b7 Title Conditions; Servitudes; b7 The Law of the Tenement b7 Missives, Sasines and registration of title b7 Prescription, rectification, Land Registration etc. (Scotland) Act 2012 b7 Deeds and links in title b7 Securities, Matrimonial Homes, Property Certificates b7 Community Land rights, b7 Leases b7 Introduction- Planning Law - Development control; Use classes; Decisions; Appeals; Enforcement -360b7 Introduction to construction law: types of standard contract; -360b7 Introduction to Environmental law.

Learning Outcomes

On successful completion of this module, the student should:1) Be able to demonstrate an understanding of the fundamental and overlapping issues and principles of law that affect rights holders in relation to the built and natural environment;2) Be able to demonstrate an understanding of the fundamental theoretical issues and principles of law that affect the transfer of ownership of land and the exploitation and conveyance of property rights;3) Be able to evaluate correspondences and differences in the inter-related structure of property rights, contractual rights and statutory rights which affect persons in the built and natural environment, particularly as regards planning law, construction contracts and environmental law;4) Be able to evaluate correspondences and differences in the inter-related structure of legal duties, contractual and statutory, which affect people in the built and natural environment, particularly as regards planning law, construction contracts and environmental law.PRME- Learning Outcome.5) Be aware of research that advances their understanding about the role, dynamics, and impact of corporations in the creation of sustainable social, environmental economic value, particularly as regards planning and environmental legal issues.

Teaching / Learning Strategy

Traditional strategy of lectures supported by notes and directed reading, augmented with audio visual materials via GCU-Learn. Seminars shall reinforce lecture material by engendering class discussion on preset questions related to lecture materials. Feedback for written coursework elements will be carried out by on-line marking and personalised comments through the Turnitin facility, together with generalised feedback for the class as a whole. Feedback for examinations shall be generic, as regards how students generally answered questions. Internationalisation: Teaching of the module shall consider Scots, UK and EU law as appropriate in an international context. Feedback will be provided to students as follows: -359 1. Students provided feedback usually within three weeks of submission of all summative assessments providing information on strengths and weaknesses and suggestions for corrective action to be applied in future submissions. -359 2. The virtual learning environment site shall be used to feedback overall performance by student on all summative assessments. 3. Discussion boards may be used to encourage teacher and peer-to-peer dialogue on certain topics where this form of communication can be regarded as effective. Student feedback on teaching, learning and assessment will be sought at the end of the semester through a module evaluation questionnaire.

Indicative Reading

Text Books Anderson, Property: A Guide to Scots Law, W. Green, 2016 Adriannse, Construction Contract Law, Palgrave, 2016 Cockburn and Mitchell, Commercial Leases (Second Ed) , Bloomsbury, 2011. Connolly, Construction Law, W. Green, 1999. Gordon, Scottish Land Law. (2nd Ed.) W. Green, 1999 Gretton & Reid, Conveyancing, (4th Ed), W. Green, 2011. McAllister, Scottish Law of Leases. (3rd. Ed), Lexis Nexis, 2002 McMaster and ors. Scottish Planning Law, (3 rd . Ed.), Bloomsbury, 2013 Paisley, Land Law. W. Green, 2000 Reid The Law of Property in Scotland. Lexis Nexis, 1996. Reid, The Abolition of Feudal Tenure in Scotland. Lexis Nexis, 2003. Rennie, Land Tenure and Tenements Legislation, (2nd. Ed) W. Green, 2005. Stewart and Sinclair, Conveyancing Practice in Scotland, (7 th Ed.) Bloomsbury, 2016. Online sources: Stair Memorial Encyclopedia

Transferrable Skills

B y the end of this module students should have gained competence in the following key areas: Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus upon key issues. The ability to listen and question effectively, to give and receive feedback. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. Numeracy, Information, Technology and Teamwork Where relevant and as the basis for argument, the ability to then present and evaluate information provided in numerical or statistical form. The ability to then produce and present in an appropriate form a word-processed essay or other appropriate format.

Module Structure

Activity Total Hours
Independent Learning (FT) 73.00
Lectures (FT) 36.00
Assessment (FT) 80.00
Seminars (FT) 11.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 2.00 50.00 35% 2 Hour exam (3 from 6)
Coursework 1 n/a 50.00 35% Essay (1500 words).