PTS - Handbook - 2015-2016-5 PDF

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handbook for property trusts and succession ...

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Property, Trusts and Succession 2015-2016

Class Code: M9211 Credit Value: 20 Second Semester

M9211 Property Trusts & Succession 2015-2016

INTRODUCTION This handbook is designed to: cover the various housekeeping matters associated with Property, Trusts and Succession (‘PTS’); give an outline of the lectures; and explain assessment arrangements.

The course content is supported by the core text of GL Gretton & A Steven, Property, Trusts and Succession (Second Edition, Tottel Publishing, 2013). Students are encouraged to purchase this textbook, or borrow it from the library as required.

If a lecturer chooses to make additional materials available as the class progresses (lecture slides/overheads/handouts/etc) then these will be made available via MyPlace.

Tutorial content will also be uploaded onto Myplace, as will class correspondence. Please regularly check Myplace for updates.

Property, Trusts & Succession is a 20-credit class.

STAFF Class co-ordinators:

Stuart Kelly ([email protected])

Lecturers:

Stuart Kelly (Property) Alan Eccles (Trusts) TBC (Succession)

Please read the ‘Staff-Student Communications’ guidance on MyPlace which tells you who to contact with what questions. Any queries about administration or teaching issues relating to the course should be referred to the class co-ordinator in the first instance.

AIMS AND LEARNING OUTCOMES This class has a number of purposes. These purposes will be achieved through three elements: lectures, tutorials, and assessments. ALL THREE ELEMENTS ARE COMPULSORY, in the sense that they must be attended and attempted if all the purposes of the class are to be achieved.

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The University of Strathclyde is a charitable body registered in Scotland, number SCO15263

M9211 Property Trusts & Succession 2015-2016

Aims of the class General:

The general rationale of this class is to provide students with a contemporary understanding of the law of property, trusts and succession in Scotland, and to meet Law Society of Scotland requirements in this subject-area.

Specific:

•

Place property law, trusts and succession within the general scheme of Scottish private law;

•

Study property law in a context identifying the links between the theory of the subject and its practical application;

•

Analyse and explain the general concepts and terms of property law, specifically the distinction between personal rights and real rights - which underpins the distinction between property law and the law of obligations;

• Analyse and explain the different ways in which property in Scotland can be owned by two or more persons; •

Analyse and explain the concept of possession in modern Scots law, and how it relates to various concepts relating to the acquisition of ownership;

•

Analyse and explain the concept of ownership in modern Scots law, how it is acquired and how it is transferred, looking specifically at: how ownership is acquired in modern Scots law (by transfer, and by modes of original acquisition); problems arising in voluntary transfer of ownership; the law relating to acquisitive and extinctive prescription; and the Scottish law relating to land ownership;

•

Analyse and explain the law relating to trusts (including the concept, the relevant parties, their creation, their administration, their variation and extinction);



Analyse and explain the law relating to testate and intestate succession.

Learning outcomes and skills By the end of this class students should have:

Knowledge •

developed an understanding of the general principles of law applicable to law of property in Scotland (as detailed above in the aims of the class and below in the class structure).

Intellectual skills

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The University of Strathclyde is a charitable body registered in Scotland, number SCO15263

M9211 Property Trusts & Succession 2015-2016

•

developed skills in handling primary legal sources;

•

developed practical skills in understanding legal documentation and drafting in the context of property law (e.g. wills, dispositions, burdens &c);

•

developed analytical skills by pursuing deeper study of key cases and materials in the context of specific issues relating to property law;

•

developed skills in collecting, handling and evaluating information;

•

develop critical and reasoning skills, that is to make and present personal and informed judgments on the rules of law and their application within the domestic legal system

•

developed skills in identifying and solving problems - whereby the handling of primary legal sources, skills in understanding legal documentation and drafting, the development of analytical and evaluative skills, and the demonstration of critical and reasoning skills is demonstrated through the application of legal principles and materials to discrete factual scenarios. In this class each element of assessment involves problem solving questions: both the coursework and the examination.

Communication skills •

developed written presentation skills through the preparation of the written assignment and the examination (during each of which the student has to construct and present consistent and sustained arguments).

Autonomy and the ability to learn •

shown an ability to work independently and manage their own learning through (a) the completion of the written assignment; (b) the tutorials; and (c) working through the primary and secondary materials referred to in the handbook for each specific subject.

•

to be encouraged to study primary legal materials (statutes and case law) so that students can be encouraged to research independently.

Autonomous research will be apparent from your answers to the coursework and the examination, as not every piece of material in the handbook will be lectured on.

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The University of Strathclyde is a charitable body registered in Scotland, number SCO15263

M9211 Property Trusts & Succession 2015-2016

LEARNING AND TEACHING METHODS

Lectures Attendance at lectures and tutorials is compulsory. Full-time students: Lectures are timetabled for Mondays 11am to 1pm. There will usually be a 5 to 10 minute break midway through the lecture. The room number is AB101 (John Arbuthnott Building, Cathedral Street). Part-time students: Lectures are timetabled for Tuesdays 6pm to 8pm. There will usually be a 5 to 10 minute break midway through the lecture. The room number is GH732 (Graham Hills Building, George Street).

Schedule of lectures: TEN topics will be covered during the TWELVE weeks of the semester. Some topics are much smaller than others.

Week

Topic

Week 1

Introduction – basic concepts – ownership & other rights

Week 2

Possession Co-ownership

Week 3

Original acquisition of ownership

Week 4

Prescription Tenements and developments

Weeks 5 & 6

Weeks 7, 8 & 9

Weeks 10, 11 & 12

Acquisition by voluntary transfer

Trusts

Succession

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The University of Strathclyde is a charitable body registered in Scotland, number SCO15263

M9211 Property Trusts & Succession 2015-2016

Tutorials Tutorials are fortnightly, commencing WEEK FIVE. For some tutorial groups tutorials will run in weeks 5, 7, 9, and 11, and for other groups tutorials will run in weeks 6, 8, 10 and 12. Students should sign up online for tutorial groups online when online sign-up becomes available. Each tutorial will be based on problem solving exercises in order to encourage students to develop problem solving skills. Tutorials commence in week 5, and tutorial questions will be made available two weeks before each tutorial on Myplace. Attendance at tutorials is compulsory. A register will be taken at each tutorial. Failure to attend tutorials, without being excused by the class co-ordinator, may result in the student being excluded from the examination.

Private study Not all material in this handbook is covered in detail in the lectures. You are required to carry out a considerable amount of private study. Detailed reading lists will be provided on Myplace. In addition, throughout the course of the semester, a number of relevant podcasts will be uploaded onto Myplace. Each topic will require a substantial amount of private study in advance and subsequent to the lecture(s) and any tutorial. THE LECTURES ARE DELIVERED ON THE BASIS THAT PRIVATE STUDY HAS BEEN AND WILL BE CARRIED OUT. If you are having difficulties with your reading please raise relevant issues with your tutor or e-mail the class co-ordinator (Stuart Kelly)

MYPLACE The MyPlace site page for the PTS class will provide material which may include: •

copies of any overhead slides used in the class,

•

the class handbook,

•

any additional handouts distributed during the year,

•

links to electronic versions of important cases and relevant statutes

•

electronic copies of various unpublished articles and papers relevant to the class

•

some suggestions for further reading

•

links to relevant websites for furthering your study of property law

YOU SHOULD NOTE ANY CLASS ASSESSMENTS OR PRE-SEEN QUESTIONS WILL BE MADE AVAILABLE ONLY THROUGH MYPLACE. ANY CLASS ANNOUNCEMENTS WILL BE MADE ON MYPLACE. IT IS YOUR

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The University of Strathclyde is a charitable body registered in Scotland, number SCO15263

M9211 Property Trusts & Succession 2015-2016

RESPONSIBILITY TO ENSURE THAT YOU CHECK MYPLACE FOR ANNOUNCEMENTS / MESSAGES ON A REGULAR BASIS.

ASSESSMENT ARRANGEMENTS

Policy For full details of the Law School’s Policy Documents and Guidance, please see the attached link: http://intranet.law.strath.ac.uk/C2/Policy%20Documents%20%20Guidance/default.aspx

The class will be assessed by one piece of coursework and an examination. Each element is worth 50% of final mark. To obtain a pass in this class, a person must achieve the following: i.

An average overall mark of 40% or over, AND

ii.

A mark of at least 30% in each individual element of assessment (i.e. at least 30% in the coursework, and at least 30% in the examination)

If a person’s overall average mark is less than 40%, s/he must resit any element(s) of assessment in which s/he scored less than 40. For example, if a student achieves an overall average mark of 38, consisting of a mark of 40 for the coursework and 36 for the examination, s/he will only resit the examination. Similarly, if the average mark of 38 is due to a mark of 36 for coursework and 40 for examination, s/he will only resubmit the coursework. If a student requires to resit an examination, s/he will do so at the August resit diet in 2015. For those requiring to resubmit coursework, the new deadline will be provided via MYPLACE by the class co-ordinator, AFTER the June exam board has taken place and all marks have been confirmed. If, after both the main diet and the resit diet, a student has failed to satisfy the requirements for a pass in the class, then s/he must begin again and complete BOTH elements of assessment in the following academic year; a pass in the class requires that both elements of assessment are completed successfully in the SAME academic year.

Coursework The assessed coursework will be a problem solving assignment. This will cover aspects of material studied (or to be studied) in weeks 1 to 12 (in lectures, tutorials, or private study) and will require autonomous research. The assessment will be up to a maximum of 2500 words in length and will be worth 50 percent of the final mark for the class. This maximum word limit will include footnotes, but not bibliography. Details of the assessment will be provided during the first semester. The assessment will only be made available through the intranet. No paper copies will be provided. Extensive general feedback will be provided for the whole class via MYPLACE.

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The University of Strathclyde is a charitable body registered in Scotland, number SCO15263

M9211 Property Trusts & Succession 2015-2016

Word Count Penalties The maximum word count includes all text in any submission. There is no leeway. For every 5% (or part thereof) over the maximum word limit for that submission you will lose 2 marks.

Late submission of coursework The standard Law School policy on late admissions applies. All assignments should be submitted and received before midnight and any assignments submitted at 00.01 onwards will count as a day late. WARNING: Do not leave submitting your work until the last minute as it is not guaranteed that the submission will be processed before midnight and may be classed as late. If this is the case you will be penalised. The penalty for late submission is a deduction of 2 marks for every day (including part of a day) that an assignment is submitted late. This includes weekends and holidays. There is an exception for group assignments to be submitted in hard copy to the Law School General office where penalties will only be imposed in respect of working days. Please note that you are responsible for having your essay printed on time, so that any last-minute computer problems are not usually grounds for an extension.

Extensions Late submission will be allowed without penalty if an extension has been granted. Extensions will be granted only in extreme circumstances (such as bereavement or illness) and must be requested in advance of the general deadline via the extension request form obtained from the intranet.

Examination The examination will take place during the May diet, will be worth 50% of the final mark for the class, and will last for 2 ½ hours – to incorporate necessary reading time. Students will be permitted to take into the examination • "Avizandum Statutes on Scots Property, Trusts and Succession Law" (2015-16). These statutes comprise all the statutes you require for this class in one volume. No copies of the statutes will be provided at the examination. You will not be permitted to take copies of other statutes into the examination. • A calculator. (For the avoidance of doubt this does not include a mobile phone with calculator facilities, or any other similar electronic device) Students are expected to acquire and bring their own copies of the statutes. The statutes may be underlined, or highlighted. They may not contain written notes and may not be otherwise annotated in any way. They may contain place tags or other markers, providing that these tags / markers are not annotated. For example, writing a case name or a brief note explaining the effect of a provision is not permitted. Students will not be permitted to take any other materials into the examination. For the avoidance of doubt this includes photocopies of statutes studied in the class, and other volumes of statutes. If a student contravenes these provisions this will be viewed as a serious disciplinary matter and will be raised with the Law School student affairs committee and in serious cases the Faculty of Law, Arts and Social Sciences. Students will be advised in more detail about the format of the examination in lectures during the course of the year.

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The University of Strathclyde is a charitable body registered in Scotland, number SCO15263

M9211 Property Trusts & Succession 2015-2016

Medical Certificates etc If a student’s performance has been unduly affected by medical or personal circumstances, this may be taken into account in the final assessment. EVIDENCE MUST BE PROVIDED, and ought to be handed into the General Office BEFORE the exam in May/June.

Appeals The decision of the Board of Examiners may be appealed against on one of three grounds: procedural irregularity, prejudice, or medical, personal or other circumstances of which the examiners were unaware. ANY SUCH CIRCUMSTANCES SHOULD BE BROUGHT TO THE ATTENTION OF THE DEPARTMENT AS SOON AS POSSIBLE IN ORDER THAT THEY MAY BE CONSIDERED BY THE BOARD OF EXAMINERS AND TO OBVIATE THE NEED FOR AN APPEAL.

READING MATERIALS FOR THE PROPERTY LAW CLASS Below is a list of general texts and readings for the class – readings specific to the various topics will be listed on the handouts which will be distributed as the course progresses.

Primary sources (required reading) GL Gretton & A Steven, Property, Trusts and Succession (Second Edition, Tottel Publishing, 2013). This is the main text for the PTS course.

* Avizandum Statutes on Property, Trusts and Succession Law (2015-16). This is the statute book you are permitted to take into the exam, and you can refer to it throughout the class.

Other Useful Texts Reid et al, The law of property in Scotland (1996) (being a reprint of Volume 18 of the Laws of Scotland: Stair Memorial Encyclopaedia which is available on-line via the library site). This is a comprehensive and wide-ranging textbook which is authoritative, but somewhat out-of-date, so it should be used with caution and checked against more up-to-date sources. Gordon, Scottish land law (2nd edition 1999, 3rd edition by Gordon & Scott Wortley December 2007) Guthrie, Tom Scottish Property Law (2nd 2006) Carey Miller, Corporeal Moveables in Scots law (2nd edn, 2005) Paisley, Land law (2000) For succession topics: H Hiram, The Scots Law of Succession (2nd ed, 2007) N.B. copies of all of the above are in the library.

Conveyancing

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The University of Strathclyde is a charitable body registered in Scotland, number SCO15263

M9211 Property Trusts & Succession 2015-2016

Although there is no longer a separate Conveyancing class, there are several conveyancing texts on sale and available in the library which you will need to consult for topics in the PTS class, especially those topics dealing with ‘Transfer’ and ‘Problems with Transfer’ (Topics 6 & 7), but also ‘Prescription and Registration’ (Topic 5). The most useful textbooks are McDonald’s Conveyancing Manual 7th edition (2004) (for which there are money-off vouchers available - see below) and Gretton & Reid’s Conveyancing 3rd edition (2005). Both are available in the library, however if you choose to purchase your own copy please note that copies of Brand et al, Professor McDonald’s Conveyancing Manual (7th edn) (2004) can be obtained at a discount through a voucher scheme. Please contact the University Book Shop in relation to this. Gretton and Reid, Conveyancing (2012) – this is the textbook, not the annual updates. Gretton & Reid also publish yearly ‘Conveyancing’ update books. These books are extremely useful as they provide explanations / analysis of the most recent cases and legislation in the area of conveyancing law. The library holds the volumes from most recent years. It is important to refer not just to the most recent edition, but also to the editions from other recent years as they contain very useful discussions of recent cases.

As with other private law subjects it is never enough to rely on the textbooks. These simply give one writer’s views of the area. You must be prep...