Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

This unit will build upon the Principles of Property Law course primarily in relation to Land Law, set within the continuing context of priority disputes. The unit will cover:
Concurrent ownership - rights and duties of co-owners, Unregistered land, The deeds registration system, The Torrens System - Transfer of Land Act 1958, Indefeasibility of title and exceptions to indefeasibility, The Assurance Fund, Equitable interests under the Torrens System, Leases, Mortgages, Proprietary interests in land owned by another: easements, restrictive covenants & profits a prendre

Objectives

On completion of this subject students will have acquired:

1. an understanding of the fundamental concepts that underpin registered and unregistered land ('Torrens' and 'general law land' respectively), and the distinction between the two systems
2. a familiarity with State legislation relevant to the operation of the transfer of registered land
3. an understanding of the principle of indefeasibility, which underpins the Torrens system, and the exceptions to this principle
4. an understanding of how interests in registered property are determined. These interests include those which may be registered (such as leases, mortgages, easements, restrictive covenants) and those which may not
5. an appreciation of how and why courts apply equitable principles to disputes within the Torrens system
6. further skills in case law analysis
7. a greater understanding of the practice of property law litigation.

Assessment

Memorandum of Advice requiring students to provide comprehensive advice to a client in a factual situation involving Torrens title land: 30%
Final Examination: 70%

Chief examiner(s)

Ms Nicole Bieske (Trimester 1; Timester 2)
Associate Professor Pamela O'Connor (Trimester 3)

Contact hours

2 hours per week x 12 weeks

Prerequisites

LAW7079 and LAW7212 or LAW7470, LAW7267, LAW7428 and LAW7429 or LAW7265