730-366 Property

Legal Method and Reasoning; Principles of Public Law; Torts; Obligations; Contracts or in each case their equivalents.

This subject introduces students to the conceptual framework for understanding the principles of real and personal property and examines the role of law in defining and regulating proprietary relationships. The major substantive focus is on Australian land law. Topics include: the concept of property including possession, ownership and indigenous land interests; the boundaries of property including fixtures and licences to use property; the history of Australian land law; Crown title; Crown powers to deal with land; tenure; estates; security interests; joint and common ownership; profits a prendre; easements; restrictive covenants; the nature, creation, acquisition, disposal, enforceability and registration of property interests in land, especially under the Torrens land registration system; formalities; equitable and legal priorities under the Torrens Land Registration system.

A written exercise 1500 words 25% (due week 9) and a final open-book examination three hours 75% OR a written exercise 1500 words 25% (due during the examination period) and a research essay 3000 words 75% (due during the examination period).

Printed Materials will be issued by the Faculty of Law

• Edgeworth B, Rossiter CJ & Stone MA, Sackville and Neave Property Law: Cases and Materials (7th edition). LexisNexis-Butterworths 2004.
• Act, Transfer of Land Act 1958. (Vic).