Property Law examines important philosophical, historical, conceptual and doctrinal aspects of Australian property law. It promotes the philosophical enquiry: “what is property?” It includes detailed consideration of property law’s historical evolution in both the UK and Australian contexts. Integral to this historical evolution is the unique role of indigenous Australians and native title in the Australian legal landscape. Special emphasis is placed upon the relationship between law and equity and how these influences translate into the Torrens Title land system. Important property law concepts such as tenure, estates, perpetuities, trusts, leases, mortgages, charges, easements, profits, licenses and restrictive covenants are considered at an advanced level.
|Faculty||Faculty of Business and Law|
|School||Newcastle Law School|
Semester 2 - 2014
On successful completion of this course, students will be able to: 1. Demonstrate advanced understanding of the philosophy of property. 2. Demonstrate advanced understanding of native title and history of indigenous Australians within the context of Australian land law. 3. Demonstrate an advanced understanding of the dichotomous relationship between law and equity within property law. 4. Investigate the assimilation of legal and equitable interests into the Torrens Title land system. 5. Demonstrate an advanced understanding of the key concepts of Australian property law, including tenure, estates, perpetuities, tenure, trusts, leases, mortgages, charges, easements, profits, licenses and restrictive covenants.
Topics covered will include: 1. What is Property? Definitions and Legal Classifications 2. Philosophies of Property 3. Tenure, Estates and Fixtures 4. Native Title 5. Creation, Acquisition and Transfer of Legal and Equitable Interests in Land 6. Old System Title and Priorities between Legal and Equitable Interests 7. Torrens Title I: Indefeasibility and Exceptions 8. Torrens Title II: Priorities between Registered and Unregistered Interests 9. Mortgages 10. Common Ownership and Leases 11. Easements and Profits 12. Restrictive Covenants
|Assumed Knowledge||LAWS6001 Legal System & Method LAWS6002A Torts Part A LAWS6003A Criminal Law & Procedure Part B LAWS6004A Contracts Part A, LAWS6002B Torts Part B LAWS6003B Criminal Law & Procedure Part B & LAWS6004B Contracts Part B to be studied concurrently with LAWS6005 Property|
|Modes of Delivery||Internal Mode
|Course Materials||None listed|
|Timetable||2014 Course Timetables for LAWS6005|