Today, the richest 1% of adults will own more than 50% of global wealth. Indeed the 85 richest individuals will have more wealth than the poorest 50% of the world's population. But does property law facilitate this and encourage this inequality, or is it merely the instrument by which this division in wealth can be measured. One thing is undeniable though, the connection between the concept of property and law. For many legal systems around the world, the notion of private property is the foundation on which legal systems operate. Given this importance, this unit takes three themes and considers how the history of property law, its current operation, and future direction will influence our doctrinal and theoretical understanding of property law, and its place within the law of obligations. These three themes ask: how is property created, how is it acquired and how is it transferred. Consistent with these themes, knowledge of the nature and type of various proprietary interests in chattels and land, and their creation and relative enforceability at law and in equity is discussed. There will be a detailed focus on the Torrens system of land registration as well as briefer consideration of general law land, crown land, and native title. The specific areas of co-ownership, mortgages, leases, licences, easements, restrictive covenants, and strata title will also be analysed.
Practical skills emphasised in this unit include statutory interpretation, written and oral communication, legal research, and independent learning. This unit contains the necessary content for Property Law as prescribed by the Law Admissions Consultative Committee, Uniform Admission Rules, Schedule 1 Prescribed Areas of Knowledge (‘Priestley 11’), with the exception of legal and equitable remedies (considered in LAW454 Remedies), and includes the content for Personal Property Securities (listed under Corporations Law in the Priestley 11) as well as equitable rights, titles and interests (listed under Equity in the Priestley 11).
|Unit name||Property Law|
|College/School||College of Arts, Law and Education
Faculty of Law
|Coordinator||Professor Benjamin Richardson|
|Available as an elective?||No|
|Delivered By||University of Tasmania|
|Location||Study period||Attendance options||Available to|
- International students
- Domestic students
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|Study Period||Start date||Census date||WW date||End date|
* The Final WW Date is the final date from which you can withdraw from the unit without academic penalty, however you will still incur a financial liability (refer to How do I withdraw from a unit? for more information).
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- Identify both the general principles of property law and the legal issues arising from an examination of those discrete areas selected for study within the units.
- Critically analyse and justify a response to factual problems in property law.
- Examine and evaluate the political and historical factors that have shaped and continue to shape, the rules governing property law, and the policy issues that underlie the current rules.
- Research a specific problem in property law using a range of primary and secondary legal materials.
- Communicate professionally in writing, observing all appropriate academic and legal referencing conventions.
|Field of Education||Commencing Student Contribution 1||Grandfathered Student Contribution 1||Approved Pathway Course Student Contribution 2||Domestic Full Fee|
1 Please refer to more information on student contribution amounts.
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3 Please refer to more information on eligibility for HECS-HELP.
4 Please refer to more information on eligibility for FEE-HELP.
Please note: international students should refer to What is an indicative Fee? to get an indicative course cost.
Prerequisites50 credit points of Intermediate Law core
Lecture – 1 hour online weekly
Tutorials – 2 hours face-to-face weekly
|Assessment||Final Exam (40%)|Essay (50%)|Workshop Participation (10%)|
|Timetable||View the lecture timetable | View the full unit timetable|
Required readings will be listed in the unit outline prior to the start of classes.
|Links||Booktopia textbook finder|
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