LAW2113 · Property

Overview

In this unit you will examine theories of private property, the concept and categories of real and personal property; the interface between contractual and property rights; the nature of types of property right including freehold and leasehold estates, easements and mortgages; modes of creating and transferring the rights in law and equity; possession as a source of title. You will examine proprietary interests that arise through the operation of equity, and co-ownership of land and goods. You will also examine the Torrens System of registered title to land and the Transfer of Land Act 1958 (Vic), including: the registration process; the meaning and purpose of indefeasible title: fraud and other exceptions to indefeasibility: the compensation provisions; status and enforceability of unregistered interests; the caveat system; and the priority rules for registered and unregistered interests.

Offerings

The Handbook publishes no offerings for this unit.

Assessment

The Handbook lists an examination for this unit.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Demonstrate strong understanding of the nature and scope of property and interests in property and key aspects of property law in Victoria.
2. Identify, synthesise and evaluate factual, legal, and policy issues in property law by applying interpretive techniques to judicial decisions and legislation.
3. Select, analyse and apply property law principles to generate appropriate practical and jurisprudential responses to legal problems and issues.
4. Engage in critical analysis and make reasoned choices among alternatives.
5. Communicate and collaborate effectively and persuasively.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.