730-412 Land Contracts

Credit Points

Coordinator

Prerequisites

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

Semester

Contact

Subject Description

An examination of the law and documentation relating to the sale of land in Victoria. There will be particular consideration of the Contract of Sale and Contract Note generally used for this type of transaction in Victoria, together with an examination of the normal Land Titles Office documents, including Certificate of Title, Crown Grant, Caveat, Withdrawal of Caveat and Transfer of Land. The legal rights and obligations arising from entering into a Contract for the sale of land, the provisions implied and expressly incorporated by law into the Contract, and an examination of the usual contractual conditions will all be undertaken. Obligations will be examined from both a Purchasers and a Vendors point of view. Students will also look at options to purchase land, Caveats and how Caveats can lapse or be withdrawn, and the provisions concerning the subdivision of land in Victoria. By the end of the course, students would be comfortable enough to handle their own conveyance.

Assessment

Either Research Assignment - topics may be chosen by student and approved by Coordinator 3000 words (30%) and Final Exam 2 hours (70%); or Final Exam 3 hours (100%).

Prescribed Texts

• Act, Property Law Act. 1958, (Vic).
• Act, Transfer of Land Act. 1958, (Vic).
• Act, Sale of Land Act. 1962, (Vic).
• Act, Subdivision Act. 1988, (Vic).