Course Title: Employ property law principles and concepts
Part B: Course Detail
Teaching Period: Term1 2020
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: Callie Harvey
Course Contact Phone: +61 3 9925 5772
Course Contact Email: callie.harvey@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Eugene D'Grey
eugene.dgrey@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:
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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:
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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:
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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:
|
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
This course is comprised of one competency: VU21637/JUST5750 Property Law Principles and Concepts
(The following schedule is subject to change)
Course Schedule: JUST 5750 Employ Property Law Principles and Concepts, Semester 1, 2020 | ||
Week |
Topics |
Assessment |
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Week 1 February 10 |
Introduction, orientation |
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Week 2 February 17 |
Origins of property law, the doctrine of tenure, estates in land; fixtures and chattels |
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Week 3 February 24 |
Co-ownership |
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Week 4 March 2 |
Co-ownership continued |
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Week 5 March 9 |
Old law (general law) land and background to the Torrens system |
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Week 6 March 16 |
The Torrens system continued |
Assessment Task 1 accessible |
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Week 7 March 23 |
Adverse possession |
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Week 8 March 30 |
In class Exam |
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Week 9 April 6 |
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 |
Mid-Semester Break | ||
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Week 10 April 20 |
Mortgages (continued) |
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Week 11 April 27 |
Leases and tenancies |
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Week 12 May 4 |
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. |
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Week 13 May 11 |
Revision |
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Week 14 May 18 |
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. |
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Week 15 May 25 |
Resits / Resubmissions |
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Week 16 June 1 |
Resits / Resubmission |
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Week 17 June 8 |
Grade Entry |
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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
You will demonstrate competency by undertaking three assessments. You must successfully complete all assessments to be deemed competent in this unit.
Assessment Task 1: Research Case Studies
Due: Monday, 6 April 2020
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: Monday, 4 May 2020
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: Wednesday, 13 May 2020
This assessment task will be conducted during your normal scheduled class time in Week 14. 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.
Assessment Matrix
The assessment matrix will be made available via Canvas.
Other Information
Submission Requirements
- Ensure that you submit assessments on or before the due date.
- 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 the Assessment task document that includes a declaration and statement of authorship.
- Each page of your assessment should include a footer with your name, student number, the title of the assessment, unit code and title and page numbers.
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.
Penalties for Late Submission
Late submissions of assignments without special consideration or extension will automatically be considered a re-submission (see above).
Extensions, Special Consideration and Adjustment to Assessments
Extensions:
Extensions are available for unforeseen circumstances of a short-term nature.
An application form must be submitted to the school at least one working day before the due date of the assessment.
Extensions can be approved for a maximum of one week (seven calendar days) past the due date for an assessment. (Where students need an extension exceeding one week they must instead apply for special consideration.)
Special consideration:
Special consideration is available for unexpected circumstances outside students’ control. These include but are not limited to: unexpected short-term ill health, and unavoidable family, work, cultural or religious commitments.
An application for special consideration is made in advance of an assessment wherever possible but will normally be accepted within five working days after the assessment date
For more information, see the Special Consideration page of the RMIT website.
Adjustments to Assessment:
RMIT provides several adjustments to assessment for students experiencing ongoing or long-term circumstances. Find the right one for your circumstances here.
Changes to the Assessment Scheme
Where a change to assessment approved by the dean/head of school changes an assessment due date, students will be given at least five working days’ notice of the new due date.
Feedback
You can expect to receive marks and feedback on in-course assessment work in time to improve your performance in related assessment tasks later in the course.
Academic Integrity and Misconduct
Students demonstrate academic integrity in their assessment practices by:
- engaging with assessment activities in an honest way;
- providing accountability for the authorship and originality of work submitted;
- acknowledging the work of others and the re-use of original work.
Academic misconduct is addressed in accordance with the Student conduct policy
Assessment involving research with human participants, their information or their tissue, or animal subjects is carried out in accordance with the Staff ethics and integrity policy.
For further information see the Academic Integrity website.
Review and Appeal
A student may request a review of an assessment result or appeal a final course grade in accordance with the Conduct of assessment and appeals section of the Assessment Processes.
Grade Criteria
You must demonstrate that you have all the required skills/knowledge/elements in the unit of competency you are studying.
The following grades are available for this course.
CA - Competency Achieved
NYC - Not Yet Competent
DNS - Did Not Submit for assessment
Course Overview: Access Course Overview