LAW FOR THE BUILT AND NATURAL ENVIRONMENT

SHE Level 3
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M3M221669
Module Leader James Connolly
School Glasgow School for Business and Society
Subject Law
Trimester
  • A (September start)

Pre-Requisite Knowledge

Passing first two years of study on LLB.

Summary of Content

This module is designed to give students a wide perspective of legal matters affecting the built and natural environment that are often taught separately, based on a theme of property rights and contractual and statutory rights as they relate to land, water, and neighbours; the processes of creation and transmission of property rights in the built and natural environment; leases; title conditions; the planning process; construction contracts; and rights and duties in environmental law.

Syllabus

The following topics will be covered in each week respectively: Week 1 1) Revision of 8 types of real rights; ranking of real rights; types of ownership 2) Public Rights to land, water, minerals. Neighbours and nuisance. 3) Feudal system and abolition of feudal system. Weeks 2-7 4 and 5) Missives and registration 6 and 7) Prescription, rectification, bijuralism 8 and 9) Deeds and links in title 10 and 11). Securities, Matrimonial Homes, Property Certificates 12 and 13) Leases 14 and 15) Commercial leases Week 8 Title Conditions; Servitudes; The Law of the Tenement. Week 9 Introduction to Planning Law: National Planning Framework, Strategic and Local Development plans; development control; Use classes; Decisions; Appeals; Enforcement Week 10 Introduction to construction law: types of standard contract; statutory regime; implied terms; payment and notices, adjudication. Week 11 Introduction to construction law: Rights and duties of employers in construction contracts; rights and duties of contractors; health and safety file. Week 12 Introduction to Environmental law - Environmental impact assessment; contaminated land; pollution control.

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 environment2) Be able to demonstrate an understanding of the fundamental and 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 demonstrate 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 law4) ) Be able to demonstrate correspondences and differences in the inter-related structure of legal duties, contractual and statutory, which affect persons in the built and natural environment, particularly as regards planning law, construction contracts and environmental law

Teaching / Learning Strategy

This will be the traditional one of lectures using appropriate visual aids, supported by handouts and directed reading, augmented with moderated discussion threads on GCU Learn. Weekly seminars will reinforce lecture material by engendering class discussion on preset problem questions related to lecture materials. In addition, seminars will involve presentations involving team work and collaborative research.

Indicative Reading

Text Books Brand, Steven and Wortley, Professor McDonald's Conveyancing Manual. (8 th Ed.) Bloomsbury Professional, Due June 2012. Cockburn, Commercial Leases, Butterworths, 2002 Gerber, Commercial Leases in Scotland: A Practitioner's Guide, Thomson Reuters, 2009. Gordon, Scottish Land Law. (2 nd Ed.) W. Green, 1999 Gretton & Reid, Conveyancing, (4th Ed), W. Green, 2011. Guthrie, Scottish Property Law. (2 nd Ed.) Tottel, 2005 McAllister, Scottish Law of Leases. (3 rd . Ed), Lexis Nexis, 2002 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, (2 nd . Ed) W. Green, 2005. Connolly, Construction Law, W. Green, 1999. Jackson, G. An Introduction to Construction Law in Scotland, W Green. 2010 MacRoberts on Scottish Building Contracts, Blackwell, (2 nd Ed) 2007 Collar, N Planning law, W.Green, (3 rd Ed) (2010) Slater, AM, Law Essentials: Planning Law, DUP, 2010. Bell and McGillivray, Environmental Law, OUP, 2008 Garner's Environmental law (Electronic resource, Lexis-Butterworths) Stallworthy, M Understanding Environmental Law, Thomson, Sweet & Maxwell, 2008

Transferrable Skills

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. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: participating actively in seminars and on line, and in making a group presentation and submission of an individual coursework essay. 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. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: participating actively as a group for an assessed presentation, preparing for seminars on a weekly basis, and individually submitting a substantial coursework essay on time towards the end of the semester 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 on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. 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. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: participating actively in an assessed group presentation and preparing for seminars on a weekly basis and individually submitting a substantial coursework essay on time. Numeracy, Information, Technology and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format. The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: collectively preparing actively in an assessed group presentation and preparing for seminars on a weekly basis and individually submitting a substantial coursework essay on time.

Module Structure

Activity Total Hours
Independent Learning (PT) 92.00
Lectures (PT) 42.00
Lectures (FT) 24.00
Seminars (FT) 10.00
Assessment (PT) 66.00
Assessment (FT) 66.00
Independent Learning (FT) 100.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 3.00 60.00 35% Exam: 4 questions in three hours.
Coursework 1 n/a 20.00 35% Essay. Heritable title issues, 1000 words.
Coursework 2 n/a 20.00 35% Group presentation. BNE judicial case study.