Course Title: Property Law

Part B: Course Detail

Teaching Period: Term1 2010

Course Code: LAW5042

Course Title: Property Law

School: 650T TAFE Business

Campus: City Campus

Program: C6070 - Advanced Diploma of Business (Legal Practice)

Course Contact : Joanne Mackay

Course Contact Phone: +61 3 9925 5540

Course Contact Email:joanne.mackay@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Robyn Lang   Ph: 99251565   Email: robyn.lang@rmit.edu.au

Stephen Payne   sessional teacher   Email: stephen.payne@rmit.edu.au

Nominal Hours: 51

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

LAW5040 Legal Process [VBM898]

Course Description

This module covers property, land holding and transfer, real estate holdings, proving the existence of estates in land, general law land holding, the Torrens System, adverse possession, estates of certain duration, mortgages, easements and covenants.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBM896 Property Law


Learning Outcomes


1. Determine and define the concept of property and the basis of land holding and transfer
2. Analyse the various holdings in real estate and assess the implications for the holder of any of the various interests.
3. Analyse and assess the various methods by which a person may prove that they possess a particular interest in land.
4. Analyse and evaluate the main features of common law title analysis and disposition of a common law holding.
5. Determine and assess the main features of the Torrens title system in relation to the transfer and proof of ownership of an interest in land.
6. Examine the nature of a possessory title.
7. Examine the nature of estates which are less than freehold and which may encumber freehold estates.
8. Establish the nature and the function of a mortgage at common law and within the operation of the Transfer of Land.
9. Analyse and assess the basic nature and function of an easement and covenant.


Details of Learning Activities

Students will study property law skills required to take instructions in relation to a transaction, and theory in class sessions and through prescribed exercises and assessment work. These concepts will also be explored through the investigation of appropriate real world and simulated environments


Teaching Schedule

 

WeekWeek beginningContent  10% activities over the semester
1feb 8 Introduction to Property Law Concepts 
2feb 15 Fixtures and chattels
3feb 22 Fixture and chattels / Co - ownership
4mar 1 Presentations  15% / Co - ownership
5mar 8 Old Law system
6mar 15 Torrens system
7mar 22 Torrens system
8mar29 Adverse possession
 apr 1 -7 Student vacation
 9apr 12 Class Test 30%
10apr 19 Adverse possession
11apr 26 (Anzac Day holiday 26) Mortgages
12may 3 Mortgages
13may 10 Leases and Tenancies
14may 17 Leases and Tenancies
15may 24 Easements and covenants
16 may 31 Easements and covenants / Revision
17 june 7

 Final test open book on whole semester 45%

18june 14 (Queens B’Day holiday 14) Review and student feedback


Learning Resources

Prescribed Texts

There is no prescribed text and students will be refered to various references for each topic throughout the semester.


References

TEXTS

Bird, R. Osborn’s Concise Law Dictionary

Bradbrook, MacCallum, Moore Australia Real Property Law Law Book Co.

Butt, P. Land Law Law Book Co.

Butterworths Australian Property Law Dictionary

Chambers An Introduction to Property Law in Australia, Law Book Co.

Dwyer & Tooher, Property and Conveyancing Law in Victoria Butterworths Statutes

Neave M.A, Rossiter C.J, Stone M.A. Sackville and Neave Property Law. Butterworths

Stein and Stone Torrens Title. Butterworths

Property Law Learner’s Resource, Australian Training Products

**Tooher, J and Dwyer, B Introduction to Property Law, Butterworths.

Dept of Sustainability and Environment The Land Registry Lodging Book: A guide to dealings at Land Victoria (3rd ed 2004)

Victorian Conveyancing Law and Practice CCH online through library

Whalan The Torrens System in Australia Law Book Co.

Wikrama, Voumard the Sale of Land LBC. 

LEGISLATION (all available online)

Conveyancers Act 2006

Limitation of Actions Act 1958

Property Law Act 1958

Residential Tenancies Act 1997

Retail Leases Act 2003

Transfer of Land Act 1958


Other Resources


Overview of Assessment

Assessment will consist of in class exercises, presentations and written tests.


Assessment Tasks

Task 1  Students are required to engage in discussion and class activities and exercises – 10% allocation.
Task 2  Students are required to work in teams of 3 (except part time students who will work individually) to prepare an explanation of a chosen certificate of title. The team will present a summary of the findings to the class in week 4 – 15%.
Task 3  A test will be conducted in week 9 in relation to the topics up to and including the Torrens system. The test will be held under open book conditions. A total of 30% of the final assessment in this course is allocated to this test.
Task 4 The final test is conducted under open book conditions and requires the student to answer a number of true/false, multiple choice, and short case study type questions. This test accounts for 45% of the final assessment in this course.


Assessment Matrix

 In class activities 10% assignment/  presentation 15%mid semster test 30%final test 45%
concept of property and title x x x x
interests in land x x x x
fixtures  and chattels x  x x
co ownership x x x x
old law title x  x x
torrens title x x x x
adverse possession x x  x
mortgages x x  x
leases and tenancies x x  x
easements and covenants  x x  x

Other Information

The teaching and assessment schedule is draft only at the time of writing and is subject to occasional variation

Course Overview: Access Course Overview