LAW5018 - Advanced property law - 2018

NOTE: This unit should be undertaken only by students who undertook Principles of Property Law LAW5006 in/after Trimester 2 2016. Any student who has been on overseas study leave, or who did not study mortgages, easements, profits a prendre and restrictive covenants in Principles of Property Law should contact the Chief Examiner immediately to obtain supplementary materials.

This course builds upon the Principles of Property Law course in relation to Land Law, set within the context of priority disputes. The unit examines: resulting trusts and constructive trusts in relation to land, concurrent ownership including the rights and duties of co-owners, the detailed operation of the Torrens System and the Transfer of Land Act 1958 (Vic), including: registration; the meaning and purpose of indefeasible title: fraud and other exceptions to indefeasibility: the compensation provisions; the status and enforceability of unregistered interests; the caveat system; and the priority rules for registered and unregistered interests.

At the successful completion of this unit students will be able to:

1. demonstrate advanced and integrated knowledge of property law, building upon learning in previous units;
2. demonstrate intellectual and practical skills to justify and interpret theoretical propositions, legal methods and conclusions;
3. identify, research, evaluate and synthesize relevant factual, legal and policy issues;
4. select, analyze and apply property law principles to generate appropriate practical and jurisprudential responses to complex legal problems and issues;
5. engage in critical analysis and apply advanced and integrated professional judgement to make reasoned and appropriate choices among alternatives; and
6. communicate and collaborate effectively and persuasively.

1. Research and writing exercise on an assigned issue or problem in property law and practice: 30%
2. Examination (2 hours plus 30 minutes reading and noting time): 70%

Students enrolled in this unit will be provided with 36 contact hours of seminars per semester whether intensive, semi-intensive, or semester-long offering. Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.