Course Title: Employ property law principles and concepts

Part B: Course Detail

Teaching Period: Term1 2016

Course Code: JUST5750

Course Title: Employ property law principles and concepts

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Doug Cole

Email: doug.cole@rmit.edu.au

Nominal Hours: 50

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

None

Course Description

This unit describes the skills and knowledge required to employ property law concepts and applications, including analysis of estates and interests, mortgages, easements, and covenants, tenancies, and adverse possession, in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office, conveyancing office, financial institution or lending mortgage department, government department, or other associated field within public and/or corporate sectors.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21637 Employ property law principles and concepts

Element:

1.Determine and define the nature of property

Performance Criteria:

1.1 Examine the meaning of property with reference to:
• the feudal origin of concepts of land law
• the doctrine of tenure
• the doctrine of estates
• personal property
• real property
• fixtures and chattels
1.2 Explain the term convey and outline the features in the context of property law and conveyancing procedures
1.3 Evaluate and apply the tests that distinguish, fixtures and chattels (goods) and research relevant case law

Element:

2.Analyse holdings in real estate

Performance Criteria:

2.1 Identify and describe the concept of the holding of land in fee simple
2.2 Research and describe the nature of estates vested in possession, other than a fee simple
2.3 Research and describe the nature of equitable estates and interests
2.4 Examine and compare the distinguishing features of joint tenancy and tenancy in common
2.5 Examine the effect of the rules of co-ownership and discuss it in reference to a range of property law contexts

Element:

3.Analyse and assess proof of possession of a particular interest in land

Performance Criteria:

3.1 Research and describe the nature and proof of a common law title and apply to a range of contexts
3.2 Examine the concept of Torrens title holding in relation to a range of contexts
3.3 Identify and discuss the reasons for title investigation analysis and apply to a range of contexts

Element:

4.Analyse and apply relevant features of the Torrens title system / Transfer of Land Act

Performance Criteria:

4.1 Research the historical background, aims and general features of the Torrens title system and provisions of the Transfer of Land Act and analyse with reference to:
• the compensation scheme
• the registry of Land Victoria
• how land comes under the operation of the scheme including conversion of common law holdings
• the single document as proof of title
• the centrality of registration to the scheme
• distinction between title examples and styles
4.2 Outline the relevant provisions of The Transfer of Land Act for the registration of interests other than freehold, including mortgages, caveats, easements, restrictive covenants and the process of registration
4.3 Examine the legislative provisions and case law in relation to:
• the conclusiveness of the register
• the estate of the registered proprietor being paramount and the exceptions
• the concept of indefeasibility and the controversy over whether it is immediate or deferred
• the meaning of fraud in the context of indefeasibility and its effect
• in personam rights
4.4 Specify the relevant procedures at the registry of Land Victoria

Element:

5.Examine the nature of a possessory title

Performance Criteria:

5.1 Analyse the meaning of adverse possession
5.2 Examine the relevant provisions of Limitation of Actions Act
5.3 Research, debate and apply the procedures for obtaining a Certificate of Title based on adverse possession, with reference to the Transfer of Land Act provisions and the Land Victoria guidelines

Element:

6.Examine the nature of estates which are less than freehold and which may encumber freehold estates

Performance Criteria:

6.1 Identify and discuss the aspects of tenancies
6.2 Identify the main provisions of the Residential Tenancies Act and assess for application
6.3 Identify the operation of the Retail Leases Act and assess for application

Element:

7.Establish the nature and the function of a mortgage at common law and within the operation of the Transfer of Land

Performance Criteria:


7.1 Determine the nature of a mortgage
7.2 Analyse the nature of a mortgage under the common law with specific reference to:
• the mortgage as a conveyance
• the equity of redemption and the rights of mortgagor
• the concepts of postponing and clogging the equity of redemption
7.3 Examine the nature of a mortgage under the Transfer of Land Act, for application to practice

Element:

8.Analyse and assess the basic nature and function of an easement and covenant

Performance Criteria:

8.1 Specify the essential elements, the nature and the function of an easement
8.2 Research the basic nature and function of a restrictive covenant and assess for application
8.3 Analyse the features of an easement and covenant in relation to:
• a case study
• various case examples
• title examples


Learning Outcomes



 


Details of Learning Activities

A range of learning activities are planned for this course including self-paced and collaborative classroom-based activities.

The self-paced activities will be delivered through various technology platforms and may include your contribution to wikis and discussion threads, reflective journals, quizzes and interactive sessions.

The collaborative classroom-based activities will include group discussions, group problem-solving activities and opportunities to practice your skills in a simulated/real workplace environment.

We expect you to participate and contribute in all scheduled learning activities.
 


Teaching Schedule

Induction Session

Prior to training commencement a program level induction session will be conducted that comprises the following:

  • Program overview and requirements
  • MyRMIT/Blackboard
  • Overview of assessment requirements
  • Pre-Training Review including:
    • Recognition of Prior Learning and Credit Transfers
    • Assessment of current skills and knowledge
  • Competency/Grading Criteria
  • Plagiarism
  • Appeals
  • Extensions
  • Feedback
  • Privacy
  • Submission requirements
  • Resubmission policy
  • Where to get support
  • Student responsibilities 

 The Teaching Schedule for this course is as follows. (Please note that this schedule is subject to change)

     Week Week CommencingTopics                                                             Assessment   
108/02/16 Introduction, orientation 
2150/2/16 Origins of property law, the doctrine of tenure, estates in land 
322/02/16 Estates in land (continued) fixtures and chattels 
429/02/16 Co-ownership 
507/03/16 Old law (general law) land Assignment given out
614/03/16 The Torrens system 
7a21/03/16 TestShort answer, multiple choice test (35%)
 24/03/16 - 30/03/2016 ***Mid-Semester Break*** (No scheduled classes) 
7b31/03 & 01/04/16 Private Study 
804/04/16 The Torrens system continued 
911/04/16 Adverse possession Assignment (15%)
1018/04/16 Mortgages 
1125/04/16 Mortgages (continued 
1202/05/16 Leases and tenancies 
1309/05/16 Easements and covenants 
1416/05/16 Final Test Final test (50%)
1523/05/16 Re-submissions Re-submissions
1630/05/16 Re-submissions Re-submissions

 

 

 

 

 

The nominal hours associated with this course are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.


Learning Resources

Prescribed Texts

The Transfer of Land Act 1958 (Vic) will be required from week 2. It can be purchased or downloaded. It can be print sections as needed or buy the entire book from the Law Institute bookshop


References

Simon Libbis, Conveyancing Victoria, Hybrid Press 2014

Recommended texts:Chris Davies Property Law Guidebook, Oxford University Press

Joycey Tooher and Bryan Dwyer, Introduction to Property Law, Lexis Nexis Butterworths

Rohan Price and Lynden Griggs, Property Law in Principle, Thomson Reuters

Kristy Richardson, Pearson Law Briefs: Property Law, Pearsons


Other Resources


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• knowledge of property law concepts and applications relating to estates and interests, mortgages, easements, and covenants, tenancies, and adverse possession
• establishing the function of a mortgage at common law and within the operation of the Transfer of Land
• examining the various holdings in real estate and joint tenancy and tenancy in common including the implications for the holder of any of the various interests
• proving the existence of estates in land
• assessing the Torrens title system in relation to the transfer and proof of ownership of an interest in land
• examining the provisions of the limitations of Actions Act and procedures for obtaining a Certificate of Title based on adverse possession
• analysing the different types of tenancy arrangements and the provisions of the Residential Tenancies Act
• investigating the provisions nature of estates which are less than freehold and which may encumber freehold estates
• analysing the function of a mortgage at common law and within the operation of the Transfer of Land
• assessing the function of an easement and covenant

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

Feedback

Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

This course is co-delivered and co-assessed with the following competencies: [DELETE LINE IF NOT APPLICABLE HERE]
 

The assessments for this course have been designed to allow participants to apply their learning to particular simulated work scenarios and demonstrate their competence in a variety of ways.

TASK 1  - Short answer, multiple test (Due Date: week 7)  35 marks

For this assessment task you will be given a short answer, multiple test to do in class under supervision.

TASK 2 -  Assignment (Due Date: Week 9) 15 marks

Further information will be provided by your teacher in class.

TASK 3 - Final Test In Class (Due Date: Week 14)  50 marks

For this assessment task you be given an in class supervised test.  Further details will be provided in class by you teacher.

You must satisfactorily complete all assessment tasks in order to achieve competency.


Assessment Matrix

Other Information

Submission Requirements

You should:

• Ensure that you submit assessments on or before the due date.
• Always retain a copy of your assessment tasks (both hard copy and soft copy).
• Use a cover sheet that includes a declaration and statement of authorship when you submit work for assessment at RMIT University. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you must declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of each assessment task is available on Blackboard.
• Include a footer (appearing on each page of your assessment) with your name, student number, assessment title, course code, course title and page numbers. For example, Callie Harvey, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.


Late Submission Procedures

You are required to submit assessment items and/or ensure performance based assessment is completed by the due dates.

If you are prevented from submitting an assessment item on time, by circumstances outside your control, you may apply in advance to your teacher for an extension to the due date of up to seven calendar days. For more Information go to: http://www.rmit.edu.au/students/assessment/extension

The application form may be obtained from: http://mams.rmit.edu.au/seca86tti4g4z.pdf

Where an extension of greater than seven days is needed, you must apply for Special Consideration. Applications for Special Consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination. For more Information go to: http://www.rmit.edu.au/browse;ID=g43abm17hc9w

The application form may be obtained from: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf


Resubmissions (VET Programs):

If your Course Assessment Task is assessed as not yet satisfactory, you will be allowed one resubmission opportunity only. Your teacher will provide feedback detailing what you need to do in order to satisfactorily complete that task, and will set a new deadline for the resubmission. The highest score you may receive if your resubmission is deemed satisfactory is 50% of the total marks allocated for that task.

If your task is still deemed to be not yet satisfactory then you must apply in writing to your Program Manager outlining the steps you will take to demonstrate competence in that course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as practical.


Adjustments to Assessment

In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which an adjustment to the assessment arrangements might be granted please access the following website: http://rmit.edu.au/browse;ID=7usdbki1fjf31


Marking Guide (Competency):

You must demonstrate through your performance in the Course Assessment Tasks that you have all the required skills and knowledge as specified in the unit of competency (course) you are studying,

Your submitted assessments are the evidence used to determine if you have met all critical aspects of the assessments, and if any critical aspects have not been met, then you cannot be deemed competent in this course.

On each assessment task you will receive feedback against the competency requirements for that task, and the outcome of the task will be recorded as either satisfactory (all requirements have been met) or not yet satisfactory (one or more requirements has not yet been met).

Only when all assessment tasks have been assessed as satisfactory will you be deemed competent in this course.


Marking Guide (Grading)

Only after achieving competency in this course will you receive a grade corresponding to your level of performance in the course. 

The reported Final Grade will be one of the following:

CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved – Graded
NYC Not Yet Competent
DNS Did Not Submit for assessment

Further details regarding the application of the grading criteria will be provided by your teacher.
 

Course Overview: Access Course Overview