LAW5021 · Principles of property law

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

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. Show advanced and integrated 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 diverse property law principles and policy frameworks to formulate advanced legal arguments, utilising rigorous interpretive analysis of judicial and legislative sources.
3. Select, analyse and convincingly apply property law principles to generate appropriate practical and jurisprudential response to complex legal problems and issues.
4. Engage in high-level critical analysis and use professional judgment to make reasoned choices among alternatives.
5. Communicate and collaborate effectively and persuasively.

Workload

36 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

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