Hobart
Introduction
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.
Summary 2021
| Unit name | Property Law |
|---|---|
| Unit code | LAW354 |
| Credit points | 12.5 |
| Faculty/School | College of Arts, Law and Education Faculty of Law |
| Discipline | Law |
| Coordinator | Professor Benjamin Richardson |
| Teaching staff | |
| Level | Advanced |
| Available as student elective? | No |
| Breadth Unit? | No |
Availability
Note
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* 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 (see withdrawal dates explained for more information).
Learning Outcomes
- 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.
Fees
Requisites
50 credit points of Intermediate Law core
Mutual Exclusions
You cannot enrol in this unit as well as the following:
Teaching
| Teaching Pattern | |
|---|---|
| Assessment | Mid-semester test, 30 minutes (10%), Research essay, 2000 words (40%), Final exam, 2 hours (50%). |
| Timetable | View the lecture timetable | View the full unit timetable |
Textbooks
| Required | None |
|---|
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