Course Title: Property law

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: LAW5185

Course Title: Property law

School: 650T TAFE Business

Campus: City Campus

Program: C6106 - Advanced Diploma of Legal Practice

Course Contact : Doug Gourlay

Course Contact Phone: +61 3 9925 5944

Course Contact Email:doug.gourlay@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Alana Ryan, SAB Building 80, Level 5 W005, 445 Swanston St, Melbourne, 3000

+61 3 9925 5540 alana.ryan@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

Pre-requisites:  VU20111 Legal Process

Course Description

The purpose of this module is to provide detailed knowledge of property law as might be relevant to a person working in a legal office, conveyancing office, financial institution or lending mortgage department, government department, or other allied area requiring thorough knowledge of Property Law concepts and applications, including analysis of estates and interests, mortgages, easements, and covenants, tenancies, and adverse possession.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU20109 Property law


Learning Outcomes


Upon successful completion of this course you will be able to:

Learning Outcome 1 - Determine and define the concept of property and the basis of land holding and transfer.
Assessment criteria
1.1 Define the meaning of property, examine and analyse the following:
• 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 Define the term ‘convey’ and outline the features in the context of property law and conveyancing procedures.
1.3 Apply the concept ’convey’ to a relevant case study and examine the relevant evidence of transfer and conveyance.
1.4 Apply the tests to distinguish, fixtures and chattels (goods) to various case studies and analyse relevant case law.

Learning Outcome 2 - Analyse the various holdings in real estate and assess the implications for the holder of any of the various interests.
Assessment criteria
2.1 Outline the concept of the holding of land in fee simple. .
2.2 Examine the nature of estates other than a fee simple vested in possession.
2.3 Examine the nature of equitable estates and interests.
2.4 Analyse and differentiate between joint tenancy and tenancy in common.
2.5 Evaluate the effect of the rules of co-ownership by application of case studies, and relate the findings to various fact situations.

Learning Outcome 3 - Analyse and assess the various methods by which a person may prove that they possess a particular interest in land.
Assessment criteria
3.1 Examine the nature and proof of a common law title.
3.2 Outline the concept of Torrens title holding.
3.3 Examine the reasons for title investigation analysis.
3.4 Analyse different title examples in relation to 3.1, 3.2 and 3.3.

Learning Outcome 4 - 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.
Assessment criteria
4.1 Trace the development and provisions of the Transfer of Land Act, and analyse the following features:
• historical background to the Torrens system
• the aims and general features of the system
• 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 registration of interests other than freehold. Examine the relevant provisions of The Transfer of Land Act with reference to mortgages, caveats, easements, restrictive covenants and the process of registration.
4.3 Analyse 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
• case example analysis and comparison
4.4 Specify the relevant procedures at the registry of Land Victoria.

Learning Outcome 5 - Examine the nature of a possessory title.
Assessment criteria
5.1 Analyse the meaning of adverse possession.
5.2 Examine the relevant provisions of Limitation of Actions Act.
5.3 Assess the procedures for obtaining a Certificate of Title based on adverse possession with reference to the Transfer of Land Act provisions, the Land Victoria guidelines and the analysis of case examples.

Learning Outcome 6 - Examine the nature of estates which are less than freehold and which may encumber freehold estates.
Assessment criteria
6.1 Examine the aspects of tenancies.
6.2 Examine the main provisions of the Residential Tenancies Act.
6.3 Assess the operation of the Retail Leases Act.

Learning Outcome 7 - Establish the nature and the function of a mortgage at common law and within the operation of the Transfer of Land.
Assessment criteria
7.1 Determine the nature of a mortgage.
7.2 Analyse the nature of a mortgage under the common law, and specify the following features:
• 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.

Learning Outcome 8 - Analyse and assess the basic nature and function of an easement and covenant.
Assessment criteria
8.1 Specify the essential elements, the nature and the function of an easement.
8.2 Determine and assess the basic nature and function of a restrictive covenant.
8.3 Analyse the features of an easement and covenant in relation to:
• a case study
• various case examples
• title examples


Details of Learning Activities

Learning Activities
Classes of 3 hours per week for 16 weeks as per the teaching schedule. The nominal hours associated with this 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.
The week by week classes as per the teaching schedule below and assessments, including due dates, are subject to variation. Class teachers will to keep as close as practicable to that set out in this Part B Statement.

Course requirements: students consult timetable and are expected to attend all scheduled classes
Course support documents: see RMIT Blackboard
Student Induction: conducted prior to commencement of classes or during the first class and will cover the following: Blackboard, Overview of assessment requirements including Recognition of Prior Learning and Credit Transfers, Grading, Plagiarism, Appeals,Extensions,Feedback,Privacy, Submission requirements, Resubmission policy, Where to get support, Student responsibilities
 


Teaching Schedule

WeekDateTopicLearning Outcome/assessment critetriaAssessment
 1 8 July Intro to Property Law Concepts Learning Outcome 1 All semester in class activities 10%
 2 15 July Fixtures and Chattels Learning Outcome 1 
 3 22 July

 Fixtures and Chattels

Co-ownership

 Learning Outcome 1&2 
 4 29 JulyCo-ownership Learning Outcome 2 
 5 5 August Old Law system/Intro Torrens Learning Outcome 3 
 6 12 August Torrens system Learning Outcome 4Title search acitivity and presentations15%
 7 19 August Torrens/ Adverse Possession Learning outcome 4&5 
 8 26 August Class Test Learning outcome 1- 4 In class open book test - 30 %
 9 9 Sept Mortgages Learning Outcome 7 
 10 16 Sept Mortgages Learning outcome 7 
 11 23 Sept Leases and tenancies Learning Outcome 6 
 12 30 Sept Leases and tenancies Learning Outcome 6 
 13 7 Oct Easements and covenants Learning Outcome 8 
 14 14 Oct Easements and covenants Learning outcome 8 
 15 21 Oct Revision all learning outcomes 
 16 28 Oct Final Test all learning outcomes In class open book final test - 45%


Learning Resources

Prescribed Texts

Students must access Blackboard notes and other readings for each topic in the course.


References

•Rohan Price and Lynden Griggs, Property Law in Principle, 2nd edition, 2008, Thomson Reuters.
•Joycey Tooher and Bryan Dwyer, Introduction to Property Law, 5th edition, 2008, Lexis Nexis Butterworths.
•Kristy Richardson, Pearson Law Briefs: Property Law, 2009, Pearsons.
•Simon Libbis, Conveyancing Victoria, Hybrid Press, 2012.  


Other Resources

The blackboard provides exercises, extra readings, relevant documents and certificates of titles, in addition to prescribed notes for each topic


Overview of Assessment

Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks and may include:

• case study analysis
• short answers questions
• written assignments/reports
• tests/examination
• oral presentations
• projects

Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant module standards are being met.
 


Assessment Tasks

1.Class activities 15%

2.Title search activity 15%


3.Test 1 30%


4.Final Test 40%

Description of Assessments


Students must demonstrate an understanding of all elements of competency to be deemed competent.
A range of assessment methods are used to assess practical skills and knowledge, for example:
* tests and examinations in formal settings
* assignments, projects and case study analysis
* direct questioning combined with review of portfolios of evidence
* review of authenticated documents from the workplace or training environment
* demonstration of techniques
* Class presentation

Assessment Grading
HD High Distinction 80-100
DI Distinction 70-79
CR Credit 60-69
PA Pass 50-59
NN Pass 0-49

Critical aspects of assessment
• 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

 

Assessment completion requirements

You are required to complete 3 assessment tasks.
To pass this course students must attempt assessments as required which are graded upon submission by the class assessor.
Grading is weighted so that a mark of 50% is a passing grade.

Assessment submission requirements

Assessment tasks need to be submitted via turnitin on Blackboard unless otherwise advised.

You should:

* Ensure that you submit assessments on or before the due date. If your performance in the assessment is affected by unexpected circumstances, you should consider applying for Special Consideration. Information on the process and application forms is available at http://rmit.edu.au/browse;ID=ls0ydfokry9rz website.
* Always retain a copy of your assessment tasks. (hard copy and soft copy)
* When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration and statement of authorship. 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 declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of work for assessment is available on blackboard.
* Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers. For example, Julie Macpherson, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.


Marking Guide

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


Assessment Matrix

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

Course Overview: Access Course Overview