LAWS6005

Property

10 Units

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
Availability Semester 2 - 2015 (Callaghan Campus)
Learning Outcomes

On successful completion of this course, students will be able to:

  1. Identify the various types of property interests protected by property law in New South Wales (particularly in land), and Explain how these property interests are created, transferred and extinguished
  2. Apply legal principles (using case law and statute) to critically analyse and solve problems that may arise in practice ¿ particularly where property interests overlap or conflict.
  3. Demonstrate advanced aptitude for the acquisition, interpretation, analysis and scholarly utilization of appropriate research sources.
  4. Read and analyse cases to see how legal principles operate in practice and gain a better understanding of how common law and statute regulate the holding, use, transfer and conflict of property rights, and Navigate the relevant property law statutes to identify the relevant sections, and to identify when a section may apply, and how it will operate.
  5. Identify policy issues as they apply to Property law, to critically analyse and synthesise a variety of complex policy arguments, and develop their own position on a policy issue.
  6. Oral: -Give a concise and accurate briefing on the relevant property law issues and principles of a case, with superior skill. Contribute effectively to group discussion of legal principles in a way that develops the understanding of all members of the group. Written: -Summarise and integrate the literature on a key legal policy issue, and articulate their own position within that debate, with superior skill. -Write a concise and accurate legal advice on a property law problem.
Content

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
Assessment Items
  • Essay: Research Essay
  • Participation: Class Participation in Tutorial Engagement Tasks
  • Formal Examination: Final exam
Contact Hours
  • Lecture: for 2 hour(s) per Week for Full Term
  • Seminar: for 2 hour(s) per Week for Weeks
Timetable 2015 Course Timetables for LAWS60053

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