Course Title: Employ property law principles and concepts
Part B: Course Detail
Teaching Period: Term2 2021
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: Theresa Lyford
Course Contact Phone: +61 3 9925 5444
Course Contact Email: theresa.lyford@rmit.edu.au
Name and Contact Details of All Other Relevant Staff
Bill Unkles
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 |
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Element: |
1.Determine and define the nature of property |
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Performance Criteria: |
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Element: |
2.Analyse holdings in real estate |
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Performance Criteria: |
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Element: |
3.Analyse and assess proof of possession of a particular interest in land |
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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 |
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Element: |
4.Analyse and apply relevant features of the Torrens title system / Transfer of Land Act |
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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 |
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Element: |
5.Examine the nature of a possessory title |
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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 |
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Element: |
6.Examine the nature of estates which are less than freehold and which may encumber freehold estates |
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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 |
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Element: |
7.Establish the nature and the function of a mortgage at common law and within the operation of the Transfer of Land |
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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 |
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Element: |
8.Analyse and assess the basic nature and function of an easement and covenant |
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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
This course is being delivered intensively over a series of four facilitated workshops. Students are required to undertake self paced learning activities prior to each workshop. 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.
This course guide contains information that describes course aspects that do not change and are locked in well ahead of the semester. Any information that differs due to changes of delivery is a consequence of COVID-19. Your course coordinator will advise you as to the correct details via Canvas.
Teaching Schedule
Course Schedule: JUST 5750 Employ Property Law Principles and Concepts, Semester 2, 2021 | ||
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Topics |
Assessment |
Introduction, orientation |
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Origins of property law, the doctrine of tenure, estates in land; fixtures and chattels |
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Co-ownership |
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Co-ownership continued |
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Old law (general law) land and background to the Torrens system |
Assessment 1 due |
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The Torrens system continued |
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Adverse possession |
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Mortgages |
Assessment 2 due |
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Mortgages (continued) |
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Leases and tenancies |
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Easements and covenants |
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Revision |
Assessment 3 due |
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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
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: 8th September 2021
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
Assessment Task 2: Research Assignment
Due: 15th September 2021
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: Assignment
Due: 22nd September 2021
Summary and Purpose of Assessment
This short-answer assessment task is the final of three assessment tasks you need to complete satisfactorily, in order to be deemed competent for this unit. This assessment task allows you to demonstrate your knowledge 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.
Assessment Instructions
You must satisfactorily answer all 4 questions
You should answer all questions in the spaces provided, using full sentences, word count and dot points when requested
All work must be your own
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
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