LAWS4011Property

Course handbook

Description

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.

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 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 an aptitude for the acquisition, 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 relevant sections 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.

Content

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.

Requisite

This course is only available to students enrolled in the programs:

[12340] Bachelor of Arts/Bachelor of Laws (Honours)

[12341] Bachelor of Social Science/Bachelor of Laws (Honours)

[12342] Bachelor of Communication/Bachelor of Laws (Honours)

[12343] Bachelor of Aboriginal Professional Practice/Bachelor of Laws(Honours)

[12346] Bachelor of Science/Bachelor of Laws (Honours)

[12347] Bachelor of Laws (Honours)/Diploma of Legal Practice

[12348] Bachelor of Laws (Honours)

[40036] Bachelor of Business/Bachelor of Laws (Honours)

[40037] Bachelor of Commerce/Bachelor of Laws (Honours)

[40129] Bachelor of Innovation and Entrepreneurship/Bachelor of Laws (Honours)

[40130] Bachelor of Development Studies/Bachelor of Laws (Honours)

[40150] Bachelor of Arts/Bachelor of Laws (Honours)

[40188] Bachelor of Global Indigenous Studies/Bachelor of Laws (Honours)

[40189] Bachelor of Science/Bachelor of Laws (Honours)

[40272] Bachelor of Criminology/Bachelor of Laws (Honours)

[40279] Bachelor of Coastal and Marine Science/Bachelor of Laws (Honours)

[40280] Bachelor of Biomedicine/Bachelor of Laws (Honours)

[40290] Bachelor of Psychological Science/Bachelor of Laws (Honours)

[50005] Bachelor of Media and Communication/Bachelor of Laws (Honours)

Assumed knowledge

LAWS1010, LAWS1011, LAWS1020, LAWS1021, LAWS2030, LAWS3040, and LAWS3041.

Assessment items

Essay: Research Essay

3 hr Formal Examination: Formal Examination

Participation: Tutorial Engagement and Participation

Contact hours

Semester 2 - 2024 - Newcastle City Precinct

Course outline

Course outline not yet available.