LAWS6005Property

Course handbook

Description

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 land system. Important property law concepts such as tenure, estates, perpetuities, trusts,commonwealth ownerships, leases, mortgages, charges, easements, profits, licenses and restrictive covenants are considered at an advanced level.

Availability2024 Course Timetables

Learning outcomes

On successful completion of the 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

Requisite

Students must be active in either the

Juris Doctor/Grad Dip Legal Practice program [12334];

Juris Doctor [50016];

or the Master of Laws [12333]

to enrol in this course.

Assumed knowledge

LAWS6000 Legal System and Method I, and LAWS6001 Legal System and Method IILAWS6002A Torts Part A, or LAWS6120 Torts ILAWS6002B Torts Part B, or LAWS6121 Torts IILAWS6003A & LAWS6003B Criminal Law & Procedure Part A & B, or LAWS6130 Criminal Law & ProcedureLAWS6004A Contracts Part A, or LAWS6140 Contracts ILAWS6004B Contracts Part B, or LAWS6141 Contracts II

Assessment items

Essay: Research Essay

Participation: Class Participation in Tutorial Engagement Tasks

3 hr Formal Examination: Final exam

Contact hours

Semester 2 - 2024 - Newcastle City Precinct

Course outline

Course outline not yet available.