Students
LAW 316 – Property Law
2014 – S2 External
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Shayne Davenport
Contact via shayne.davenport@mq.edu.au
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| Credit points |
Credit points
3
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| Prerequisites |
Prerequisites
LAW204
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
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| Unit description |
Unit description
Property law lies at the heart of our legal system. Jeremy Bentham once aptly observed: 'Property and Law are born together and die together. Before laws were made there was no property; take away law, and property ceases'. This unit provides a contextual analysis and outline of the Anglo-Australian law on property and covers such topics as the history and theory of property law; systems of title to, and resolution of competing interests in, property; concurrent ownership of property; native title; and mortgages, leases, easement and covenants in relation to real property.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- 1. Demonstrate understanding of the development of Australian property law and of the major historical and theoretical principles that underlie it
- 2. Critically analyse the way in which native title has been placed in the framework of Australian property law
- 3. Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
- 4. Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
- 5. Communicate an integrated body of knowledge about property through active and informed participation in class discussion
Assessment Tasks
| Name | Weighting | Due |
|---|---|---|
| Quiz | 20% | Tuesday 9 September |
| Hypothetical problem question | 30% | Monday 13 October, 5pm |
| Final Examination | 50% | University examination period |
Quiz
Due: Tuesday 9 September
Weighting: 20%
The quiz will be based on the material covered in Lectures 1 – 4. Although the submission portal will remain open from 2pm – 8pm, the quiz is designed to be completed in 1 hour; the 6 hour time span is to accommodate the range of commitments and needs of students. It will consist of 20 multiple choice questions some of which will take the form of short hypothetical problem questions. When a student accesses the quiz they have 1 hour in which to complete it. The questions and responses available to each student will vary as they will be allocated from a bank of questions, with the order of the responses presented to each student also varying. Answers will be automatically submitted at the end of the hour
NOTE VERY CLOSELY: It is a student’s responsibility to ensure that they can complete the quiz during the allotted time. No special consideration will be given for computer or browser problems
On successful completion you will be able to:
- 3. Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
Hypothetical problem question
Due: Monday 13 October, 5pm
Weighting: 30%
The hypothetical problem question will be based on the material in lectures 1 - 7 inclusive and will require a response to a hypothetical problem question involving property law.
On successful completion you will be able to:
- 3. Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
- 4. Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
- 5. Communicate an integrated body of knowledge about property through active and informed participation in class discussion
Final Examination
Due: University examination period
Weighting: 50%
The final examination will be a formal, open book exam undertaken during the university's examination period. For semester 2, 2014, that period is 17 November to 5 December. The timetable will be available in draft form approximately eight weeks before the commencement of the examinations and in final form approximately four weeks before the commencement of the examinations.
On successful completion you will be able to:
- 1. Demonstrate understanding of the development of Australian property law and of the major historical and theoretical principles that underlie it
- 2. Critically analyse the way in which native title has been placed in the framework of Australian property law
- 3. Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
- 4. Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
- 5. Communicate an integrated body of knowledge about property through active and informed participation in class discussion
Delivery and Resources
Online units can be accessed at: http://ilearn.mq.edu.au/.
PC and Internet access are required. Basic computer skills (e.g., internet browsing) and skills in word processing are also a requirement.
Text and Required Materials
- Gray et al, Property Law in New South Wales, 3rd ed 2012, Lexisnexis
- Tutorial reading list and questions, lecture slides and additional material available throughout the semester on unit webpage.
Highly Recommended for reference
- Butt, P, Land Law, 6th ed. 2010, Thomson Reuters
Unit Schedule
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Week |
Topic |
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1 |
What is property?: Taxonomy; the division between real and personal property; the limits of real property; fixtures: Interests over land |
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2 |
Common law and equitable interests in land and the development of the trust: |
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3 |
Old system title and priorities between legal and equitable interests : Introduction to Torrens title |
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4 |
Torrens title: indefeasibility of title; exceptions to indefeasibility |
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5 |
Torrens title; priorities between unregistered and registered interests: Caveats and s43A Real Property Act |
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6 |
Common Ownership and Strata Title |
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7 |
Mortgages |
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8 |
Leases and Residential Tenancies |
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9 |
Easements and Restrictive Covenants |
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10 |
Fundamental Principles; Tenures and estates: The history of Anglo-Australian land law: Native title |
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11 |
Personal property |
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12 |
Property the analytical dimension: Philosophies and contemporary issues |
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13 |
No lecture this week |
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
Discipline Specific Knowledge and Skills
Our graduates will take with them the intellectual development, depth and breadth of knowledge, scholarly understanding, and specific subject content in their chosen fields to make them competent and confident in their subject or profession. They will be able to demonstrate, where relevant, professional technical competence and meet professional standards. They will be able to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary solutions to problems.
This graduate capability is supported by:
Learning outcomes
- 1. Demonstrate understanding of the development of Australian property law and of the major historical and theoretical principles that underlie it
- 2. Critically analyse the way in which native title has been placed in the framework of Australian property law
- 3. Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
- 4. Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
- 5. Communicate an integrated body of knowledge about property through active and informed participation in class discussion
Assessment tasks
- Quiz
- Hypothetical problem question
- Final Examination
Critical, Analytical and Integrative Thinking
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate and synthesise learning and knowledge from a range of sources and environments; to be able to critique constraints, assumptions and limitations; to be able to think independently and systemically in relation to scholarly activity, in the workplace, and in the world. We want them to have a level of scientific and information technology literacy.
This graduate capability is supported by:
Assessment task
- Final Examination
Problem Solving and Research Capability
Our graduates should be capable of researching; of analysing, and interpreting and assessing data and information in various forms; of drawing connections across fields of knowledge; and they should be able to relate their knowledge to complex situations at work or in the world, in order to diagnose and solve problems. We want them to have the confidence to take the initiative in doing so, within an awareness of their own limitations.
This graduate capability is supported by:
Learning outcomes
- 3. Demonstrate a detailed knowledge of the major forms of title to land in Australia and appreciate the fundamental difference between the creation and transfer of property rights in law and in equity
- 4. Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
Assessment tasks
- Quiz
- Hypothetical problem question
- Final Examination
Effective Communication
We want to develop in our students the ability to communicate and convey their views in forms effective with different audiences. We want our graduates to take with them the capability to read, listen, question, gather and evaluate information resources in a variety of formats, assess, write clearly, speak effectively, and to use visual communication and communication technologies as appropriate.
This graduate capability is supported by:
Learning outcomes
- 4. Solve complex priority disputes between competing claimants to the same property through the application of doctrinal and procedural rules of law and equity
- 5. Communicate an integrated body of knowledge about property through active and informed participation in class discussion
Assessment tasks
- Hypothetical problem question
- Final Examination
Engaged and Ethical Local and Global citizens
As local citizens our graduates will be aware of indigenous perspectives and of the nation's historical context. They will be engaged with the challenges of contemporary society and with knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded, sensitive to others and inclusive, and to be open to other cultures and perspectives: they should have a level of cultural literacy. Our graduates should be aware of disadvantage and social justice, and be willing to participate to help create a wiser and better society.
This graduate capability is supported by:
Learning outcomes
- 1. Demonstrate understanding of the development of Australian property law and of the major historical and theoretical principles that underlie it
- 2. Critically analyse the way in which native title has been placed in the framework of Australian property law
Socially and Environmentally Active and Responsible
We want our graduates to be aware of and have respect for self and others; to be able to work with others as a leader and a team player; to have a sense of connectedness with others and country; and to have a sense of mutual obligation. Our graduates should be informed and active participants in moving society towards sustainability.
This graduate capability is supported by:
Learning outcome
- 2. Critically analyse the way in which native title has been placed in the framework of Australian property law