EMS 3524 Real Estate Law II
EMS 3524 Real Estate Law II
The students will acquire knowledge about the legal regulation of the real estate business.
Acquired knowledge
The aim of the course Real Estate Law II is that the students shall gain knowledge about the rules of law governing the acquisition of real estate and the rules that restrict how real estate may be used, as well as the rules on the boundaries between properties. The students shall gain an understanding of the rules of law concerning owner control and governmental control, legal issues concerning prescriptive rights, easements and the boundaries of real estate. The students shall learn about rules concerning nature and environmental law that are important for sales of real estate. The students shall have an in-depth knowledge of rules in family law, inheritance and probate law, as well as an understanding of allodial privilege and primogeniture, especially with regard to the sale of real estate.
The students shall have an adequate understanding of the topics that are covered by the discipline. The terms knowledge, in-depth insight and understanding indicate which specialist level that is required. The most extensive knowledge is required when the term understanding is used.
The aim of the course is to enable the students to handle tasks in a real estate agency associated with issues concerning possession in law and governmental control, prescriptive rights, easements and the boundaries of real estate, acquisition of real estate and the rules that restrict how real estate may be used. The students shall also learn how to manage issues relating to family law, inheritance and probate law, including issues on inheritance tax, allodial privilege and primogeniture.
In order to be able to practice their tasks in a manner that safeguards the interests involved in a property transaction, a real estate agent must have an appropriate ethical reflection ability and attitude, as well as professional knowledge within the legal topics discussed in the course.
1. Laws governing owner control and governmental control
- The planning and building act and other laws governing the building of new houses and changes to existing buildings.
- Consession legislation (Falkanger § 7.6)
- The owner's disposal of real estate
Compulsory literature:
- Bråthen/Røse Solli (red.): Lærebok i praktisk eiendomsmegling, del II, kap. 6, Lov og rett for næringslivet kap.16
- Falkanger, Thor. 2016. Fast eiendoms rettsforhold. 5. utg. Universitetsforlaget. § 7.6 og § 2
2. Other subjects related to property law
- Legal rules on common usage of real estate
- Legal rules on restrictive rights in real estate (restrictive covenants, ground lease)
- Legal rules on real estate boundaries
- Neighbour law
- Right to redeem allodial land
Compulsory literature:
- Falkanger, Thor. 2016. Fast eiendoms rettsforhold. 5. utg. Universitetsforlaget.
§ 3.5, § 4, § 5.5, § 11, § 12, § 13. - Rettsreglene om hevd av fast eiendom (Falkanger § 5.5)
- Rettsreglene om begrensede rettigheter i fast eiendom (servitutter) (Falkanger § 12)
- Rettsreglene om fast eiendoms grenser (Falkanger § 4)
- Eiers rett og naboene (Falkanger § 13)
- Løsningsrettigheter (Falkanger § 3.5)
- Tomtefeste (Falkanger § 11)
3. Family, inheritance and probate law
- Economic consequences of marriage, including contracting on behalf of the spouse
- Laws on and consequences of divorce
- Laws of succession (family/spouses), including regulations on statutorily prescribed share
- Laws on the drawing up of wills
- Laws on probate cases
- Unmarried cohabitation
Compulsory literature:
- Unneberg, Inge: Familie-, arve- og odelsrett for eiendomsmeglere, kompendium for eiendomsmeglerstudiet, 2009
4. Allodial rights and primogeniture
- Laws on the right to acquire allodium and on the procedures for such acquisitions.
- Allodial privilege
- Primogeniture
Compulsory literature:
- Unneberg, Inge: Familierett, arverett og odelsrett for eiendomsmeglere, kompendium for eiendomsmeglerstudiet, 2009.
As part of the teaching programme the students could be divided into small discussion groups and will work on assignments associated with each topic. The assignments will be discussed and reviewed in class after the discussion group work. The lecture form of teaching requires that the students before each lecture have studied the syllabus and the rules of law for the topic in question. The students are required to bring the code of laws and other study aids to the lectures and become familiar with them while studying the various topics. Parts of the syllabus must be studied through self-tuition.
Students will have the opportunity to submit a written work for correction and feedback.
Higher Education Entrance Qualification.
EMS 3416 Law and Real Estate, JUR 3430 Business Law or JUR 3420 Marketing Law.
| Assessments |
|---|
Exam category: Submission Form of assessment: Written submission Invigilation Weight: 100 Grouping: Individual Support materials:
Duration: 5 Hour(s) Exam code: EMS35241 Grading scale: ECTS Resit: Examination every semester |
| Activity | Duration | Comment |
|---|---|---|
Teaching | 34 Hour(s) | |
Other in classroom | 6 Hour(s) | |
Prepare for teaching | 45 Hour(s) | |
Student's own work with learning resources | 50 Hour(s) | |
Group work / Assignments | 60 Hour(s) | |
Examination | 5 Hour(s) |
A course of 1 ECTS credit corresponds to a workload of 26-30 hours. Therefore a course of 7,5 ECTS credit corresponds to a workload of at least 200 hours.