730-203 Property

Credit Points

Coordinator

Pre/corequisites

Torts and the Process of Law; History and Philosophy of Law; Contracts.

Semester

Contact

Subject Description

The course introduces students to the concept of property, critically examines its role as a social and legal institution and the ways the legal rules impact upon different groups within Australian society. The course distinguishes the fundamental legal concepts of propriety and possessory interests in both land and goods. With reference to relevant cases and statutes, the course attempts to define and critically evaluate the essential characteristics of a proprietary interest, possible sources of, and different judicial approaches to, proprietary rights and basic distinctions between interests recognised by the common law and equity. The course provides a grounding in a number of topics central to the law of property including the distinction between real and personal property, the Torrens system of land title registration and the general law land system, the distinction between legal and equitable interests, resolution of priority disputes, leases, easements, restrictive covenants, mortgages and native title. The course also reinforces and develops skills in case analysis and statutory interpretation and in applying rules in the accurate resolution of problems. Skills in evaluating the social role and implications of legal rules and the need for reform should also be developed.

Assessment

Practical research and writing exercise (Pass); plus either (i) a Final Exam 3 hours (100%) or (ii) a Final Exam 2 hours (65%) and a 3000 word essay (35%).

Prescribed Texts

• Neave et al, Property Law: Cases and Materials. 5th ed Law Book Co, 1994.
• Dwyer & Tooher, Property and Conveyancing Law Victoria. Butterworths Statutes, 1996.
• Act, Transfer of Land Act. 1958 (Vic).
• Act, Native Title Act. 1993 (Cth).