APPLIES TO ACADEMIC YEAR 2015/2016 Norwegian version

EMS 3524 Real Estate Law II

Responsible for the course
Thorunn Falkanger

Department
Department of Law

Term
According to study plan

ECTS Credits
7,5

Language of instruction
Norwegian

Introduction
The students will acquire knowledge about the legal regulation of the real estate business.

Learning outcome
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.

Acquired skills
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.

Reflection
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.

Prerequisites
EMS 3416 Law and Real Estate, JUR 3430 Business Law or JUR 3420 Marketing Law.

Compulsory reading
Books:
Bråthen, Tore og Margrethe Røse Solli, red. 2012. Lærebok i praktisk eiendomsmegling. Del 2. Rev. utg. Norges Eiendomsmeglerforbund. kap. 6
Falkanger, Thor. 2011. Fast eiendoms rettsforhold. 4. utg. Universitetsforlaget
Norges lover. Siste utg. Fagbokforlaget Vigmostad & Bjørke
Unneberg, Inge. 2009. Familierett, arverett og odelsrett for eiendomsmeglere. 2. utg. I. Unneberg

Recommended reading
Books:
Bull, Kirsti Strøm og Winge, Nikolai K. 2009. Fast eiendoms rettsforhold, kort og godt. Universitetsforlaget

Course outline
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 Bråthen/Røse Solli (red.): Lærebok i praktisk eiendomsmegling, del II, kap. 6
• Legislation on expropriation and laws on property valuation. (Falkanger § 7.1-7.4)
• Consession legislation (Falkanger § 7.6)
• The owner's disposal of real estate

• 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

• The main laws regulating protection of nature and the environment.

• 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

• Laws on the right to acquire allodium and on the procedures for such acquisitions.
• Allodial privilege
• Primogeniture