Handbook 1996 : Faculty of Law (Volume 3 page 213)
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Compulsory Law subject.
Pre/Corequisite: Torts and the Process of Law; History and Philosophy of Law; Contracts.
Contact: 4 hours per week
Timetable: Both semesters
Objectives:
Students completing this subject should be able to: critically evaluate property as a social and legal institution; define and critically evaluate essential characteristics of a proprietary interest; understand the fundamental legal concepts of proprietary and possessory interests in relation to both land and goods; understand the conceptual bases of property law including the doctrine of tenure, Crown grants and native title; define and distinguish legal and equitable interests in land and understand the operation of a trust; understand and evaluate the operation and effectiveness of the general law land system and the Torrens system of land registration; identify and solve priority disputes between or amongst persons holding inconsistent interests in land; and identify specific types of interests in land and understand the rules relating to their creation and operation.
Content:
The meaning of the concept of property and the purposes that are, or ought to be, fulfilled by the law of property from a range of perspectives. Analysis of basic principles of the law of property, personal property, doctrine of tenure, Public land, Native title, legislative regimes for aboriginal title. Possession as a proprietary interest in land and goods. Fragmentation of proprietary interests including an analysis of the doctrine of estates. The creation of interests in land at law and in equity. Principles regulating priority disputes including treatment of the Deeds Registration system. The Torrens system of land registration. An outline of the principles governing the creation and enforceability of leases, easements, restrictive covenants and mortgages. Concurrent Ownership.
Assessment:
Either Research Assignment 3000 - 4,000 words (30 per cent) and Final Exam 2 hours (70 per cent); or Final Exam 3 hours (100 per cent); Practical Research and Writing Exercise (Credit).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 213)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.