Course Title: Employ property law principles and concepts
Part B: Course Detail
Teaching Period: Term2 2019
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
Eugene De'Grey
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
Course Syllabus
JUST 5750 Employ Property Law Principles and Concepts
Weekly schedule (subject to variation):
Week Beginning |
Topics |
Assessment |
Week 1 |
Introduction, orientation |
|
Week 2 |
Origins of property law, the doctrine of tenure, estates in land; fixtures and chattels |
|
Week 3 |
Co-ownership |
|
Week 4 |
Old law (general law) land and background to the Torrens system |
|
Week 5 |
The Torrens system |
|
Week 6 |
The Torrens system continued |
Assessment Task 1 accessible |
Week 7 |
Title to land; caveats, strata title and retirement villages |
|
Week 8 |
Adverse possession |
|
Week 9 |
Mortgages |
Assessment Task 1 due You will receive the feedback in week 10. If required, resubmission for this assessment is due by the end of week 11.
and Assessment Task 2 accessible |
Week 10 |
Mortgages (continued) |
|
Week 11 |
Leases and tenancies |
|
Week 12 |
Easements and covenants |
Assessment Task 2 due You will receive the feedback in week 13. If required, resubmission for this assessment is due by the end of week 16. |
Week 13 |
Revision |
|
Week 14 |
Online quiz / test |
Assessment Task 3 – In class assessment You will receive the feedback in week 15. If required, resubmission for this assessment is due by the end of week 16. |
Week 15 |
Assessment feedback |
Resits / Resubmissions |
Week 16 |
Assessment feedback |
Resits / Resubmission |
Week 17 |
Assessment feedback |
|
The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete this 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
References
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
The assessments for this course have been designed to allow you to apply your learning to particular case studies and demonstrate competency in a variety of ways.
Assessment Task 1 – Research Case Studies (Due Week 8)
For this assessment task you will be provided with a set of short case studies and you will be required to undertake research and provide advice to the issues involving land raised in the case studies. The research and problem solving case studies will over the following:
- Determine and define the nature of land
- Analyse holdings in real estate
- Analyse and assess proof of possession of a particular interest in land
- Analyse and apply relevant features of the Torrens title system/Transfer of Land Act
For this assessment task you be given an in-class supervised test. The test will consist of questions relating to a number of hypothetical scenarios. Students will be required to demonstrate the ability to apply the law dealt with in weeks 2 to 12 to the solution of the problems presented
Assessment Task 2 – Research Assignment (Due Week 12)
This assessment task requires you to undertake research, problem solving and to provide advice to case studies in relation to issues arising to land and certificate of title.
Assessment Task 3 -In class assessment (Due Week 14)
This assessment task will be conducted during your normal scheduled class time in Week 15. You will be asked to answer a series of questions on legal issues covered weeks 2 - 12. The assessment will include multiple choice, concept based & case study questions.
You must satisfactorily complete all assessment tasks in order to achieve competency.
Assessment Matrix
The assessment matrix will be made available via Canvas.
Other Information
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Submission Requirements
You should:
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. More Information: https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work Where an extension of greater than seven days is needed, you must apply for Special Consideration. You must submit your application within five working days after your assessment date or due date. More Information:https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration Resubmissions (VET Programs): If you are found to be unsuccessful (Not satisfactory/Unsatisfactory) in a Course Assessment Task you will be allowed one resubmission. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible. Adjustments to Assessment In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
Final Results
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
You will receive feedback on each assessment task that will inform you about your progress and how well you are performing.
The following grades are available for this course: | ||
CA |
Competency Achieved |
|
NYC |
Not Yet Competent |
|
DNS |
Did Not Submit for Assessment |
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Course Overview: Access Course Overview