Introduces students to the notion of property and interests in property, covering such topics as distinctions between real and personal property, notions of title and ownership, legal and equitable interests in property, and the enforceability of proprietary interests. The bulk of the course addresses the area of real property, and the principles of the Torrens system in particular.
- Semester 1 - 2016
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 (particulary 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. Demonstate aptitude for the acqquisition, interpretation, analysis and scholarly utilisation 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. 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 policy arguments, and develop their own position on a policy issue.
6. Give a concise and accurate briefing on the relevant property law issues and principles of a case. Contribute effectively to group discussion of legal principles in a way that develops the understanding of all members of the group. Summarise and integrate the literature on a key legal policy issue, and articulate their own position within that debate. Write a concise and accurate legal advice on a property law problem.
Topics covered will include:
- Distinctions between real, personal and intangible property,
- The notions of title and ownership,
- The distinctions between legal and equitable interests in property,
- An overview of the schemes for the registration of interests in land, especially the Torrens system,
- The enforceability at law and in equity of proprietary interests and
- The private regulation of land use through easements and restrictive covenants.
This course is only available to students enrolled in the Bachelor of Laws and associated combined degree programs or Bachelor of Laws (Honours) and associated combined degree programs.
LAWS1001A, LAWS1001B, LAWS1002A, LAWS1002B, LAWS2003A, LAWS2003B, LAWS3004A and LAWS3004B.
Essay: Research Essay
Formal Examination: Formal Examination
Tutorial / Laboratory Exercises: Tutorial Engagement and contribution
Face to Face On Campus 2 hour(s) per Week for Full Term
Face to Face On Campus 1 hour(s) per Week for Full Term