LAW 1506 - Property Law

North Terrace Campus - Semester 2 - 2017

This course will discuss the theoretical nature and justification of property and the important features of the Australian common law and statutory provisions relating to real and personal property, with emphasis being given to the former. The principal aim is to acquaint students with the fundamental proprietary interests and to teach students how to apply the relevant laws and concepts to practical situations where such interests are in dispute. The following topics will be considered: the theoretical nature and justification of common, private and public/state property; ownership and possession of real and personal property; adverse possession and limitation of actions legislation; limits to land (including fixtures, the ownership of airspace and subsoil, land boundaries and encroachments); estates and tenure; legal rights recognised in land (including bare and contractual licences; mortgages; co- ownership); future interests and equitable intervention; creation and enforceability of equitable interests, including assignments of property; the Torrens system of land title registration; leases; easements; and restrictive covenants.

  • General Course Information
    Course Details
    Course Code LAW 1506
    Course Property Law
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 6
    Contact Up to 6 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1503
    Incompatible LAW 1005
    Assumed Knowledge LAW 1502
    Restrictions Available to LLB students only
    Course Description This course will discuss the theoretical nature and justification of property and the important features of the Australian common law and statutory provisions relating to real and personal property, with emphasis being given to the former. The principal aim is to acquaint students with the fundamental proprietary interests and to teach students how to apply the relevant laws and concepts to practical situations where such interests are in dispute. The following topics will be considered: the theoretical nature and justification of common, private and public/state property; ownership and possession of real and personal property; adverse possession and limitation of actions legislation; limits to land (including fixtures, the ownership of airspace and subsoil, land boundaries and encroachments); estates and tenure; legal rights recognised in land (including bare and contractual licences; mortgages; co- ownership); future interests and equitable intervention; creation and enforceability of equitable interests, including assignments of property; the Torrens system of land title registration; leases; easements; and restrictive covenants.
    Course Staff

    Course Coordinator: Associate Professor David Brown

    Associate Professor David Brown
    2.20 Ligertwood Building
    d.brown@adelaide.edu.au
    +61 (08) 8313 4442

    Teaching Staff


    Dr. Manuel Solis
    4.18 Ligertwood Building
    manuelpeter.solis@adelaide.edu.au
    +61 (08) 8313 9167
    Office Hours Tuesday 1-2



    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes

    Property Law covers fundamental areas of legal knowledge as required for admission into practice. These areas of knowledge are known as the 'Priestley 11' and are set out in Appendix A of the Rules of the Legal Practitioners Education and Admission Council 2004 (SA). According to the ‘Priestly 11’ Property Law must cover the following substantive areas:

    • Meaning and purposes of the concept of property.
    • Possession, seisin and title.
    • Nature and type (ie fragmentation) of proprietary interests.
    • Creation and enforceability of proprietary interests.
    • Legal and equitable remedies.
    • Statutory schemes of registration.
    • Acquisition and disposal of proprietary interests.
    • Proprietary interests in land owned by another.
    • Mortgages.

    On successful completion of this course, students will be able to:

    1. Determine, explain and apply the principles of Australian property law as required to satisfy the academic standards for admission to practice law in an Australian jurisdiction
    2. Analyse, evaluate and synthesise information from a wide variety of sources and experiences.
    3. Identify and analyse cultural theoretical and social factors impacting on property law.
    4. Illustrate good inter-personal and communication skills in both written and oral communication independently and as a member of a team.
    5. Explain, analyse and synthesise legal principles of property law both orally and in writing.
    6. Identify factual and legal issues in property law problems.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1,5,6
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2,5,6
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    4,5
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    3,5,6
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    3
  • Learning Resources
    Required Resources
    1. Textbook: The Boundaries of Australian Property Law, ed. H Esmaeili and B Grigg (Cambridge Univ Press, Australia, 2016)

    2 Readings and Seminar Questions, Lecture Guides (available on MyUni ).

    3. Articles and extracts for the property perspectives component of the course are avialble online via Myuni.
    4. Law of Property Act 1936 (SA). The current version of this legislation can be found online at: http://www.legislation.sa.gov.au/LZ/C/A/LAW%20OF%20PROPERTY%20ACT%201936.aspx
    5. Real Property Act 1886 (SA). The current version of this legislation can be found online at: http://www.legislation.sa.gov.au/LZ/C/A/REAL%20PROPERTY%20ACT%201886.aspx
    6. In Property Law students are required to use their research skills to find case law. All cases can be found in hardcopy or online via the law library: http://www.law.adelaide.edu.au/library/research/. To find cases students will also need to familiarise themselves with legal abbreviations. A guide to legal abbreviations can be found at http://guides.lib.monash.edu/legal-abbreviations/.


    Recommended Resources
     Students may also like to look at a number of other textbooks and casebooks in this area. In particular the Course Coordinator recommends the following as useful resources:

    Adrian Bradbrook, Susan V MacCallum, Anthony P Moore and Scott Grattan, Australian Real Property Law (6th ed, 2016) (Textbook)

    Robert Chambers, An Introduction to Property Law in Australia, 3rd ed.,2013 Thomson LawBook

    Samantha Hepburn, "Australian Property Law, Cases, Materials and Analysis" Lexis Nexis Butterworths 3rd ed. 2014.

    BJ Edgeworth,CJ Rossiter, MA Stone, PA O’Conner, Sackville & Neave Australian Property Law,9th ed.2013 Lexis Nexis, Butterworths


    Eileen Webb & Margaret Stephenson, Land Law, 24th ed 2015, Lexis Nexis Butterworths




    Online Learning
    With the exception of any books mentioned, all course materials will be available on MyUni or on university law databases (cases required).

    MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile, Lecture and Seminar Guides, and Course Materials. The online quizzes will be done through MyUni too.

    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes

    In Week One, the entire weekly contact will be devoted to introducing the concept of property and its use in law (see Learning Activities Summary, Week 1, below), as well as organisational information in the seminar.
    You will have a combination of two-hour long seminars (in addition to the lectures), as well as structured online activities out of class time. In the seminars, there will be group presentations based on that week's Property Perspectives materials, followed by problem-based discussion of the property law topic(s) for that week.

    The online activity will consist of five quizzes spread over the semester, and readings on perspectives in preparation for the presentation/discussion of these in class.


    These arrangements will be fully explained during Week 1contact.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    Contact time: 2 hour general overview lecture each week plus (within the designated weekly contact group) 2 hours seminar/presentations/discussion each week. This amounts to 48 hours of formal class time across the semester.

    Structured learning hours: An additional 2 hours per week out of class will be devoted to analysing directed readings on perspectives of property law which will be discussed at class. In addition there will be six online quizzes (one per fortnight) which must be undertaken in order to review your understanding of the parallel topics taught at that time.

    Preparation time: In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments.The university standard for a fulltime student is 48 hours per work study time.
    Learning Activities Summary
    Week PL (lecture) PL (seminar) Presentation Topic(in Seminar)
    1
    1. Meaning of Property and its Role in Society
    2. Introduction to Property Rights
    Introduction & House Keeping N/A
    2 Possession Introduction to Property Rights N/A
    3 Tenure, Estates and Co-ownership Possession The Case for Private Property
    4 Native Title Tenure, Estates and Co-ownership The Politics of Mabo
    5 The Origins and Nature of Equitable Interests Native Title Native Title
    6 Leases The Origins and Nature of Equitable Interests Property and the Homeless
    7 Easements, Profits a
    Prendre, and Co-Ownership
    Leases Gated Communities and Private/Public Property
    8 Mortgages Easements, Profits a
    Prendre, and Co-Ownership
    Property and Genetic Material
    Mid Semester Break
    9 Torrens System – Indefeasibility Mortgages The Ethics of Interest/Usury
    10 Torrens System – Exceptions to Indefeasibility Torrens System – Indefeasibility Animals as Property
    11 Torrens System – Priorities Torrens System – Exceptions to Indefeasibility Property and Climate Chaneg
    12 Course Overview and Exam prep Torrens System – Priorities Common Property

    Some of these topics may be subject to change.

    There are no additional requirements for completion of this course other than described elsewhere in this document.

  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    Assessment Tasks % of final mark Due dates Group or individual assessment Redeemable Learning
    Outcomes
    Presentation 10 Assigned to a week in class Group No 1-6
    Quizzes 10 Five throughout semester- dates tba Individual No 1-6
    Critical case log 20 Wednesday 11 October, 2 pm Group(but individual where manifest failure to contribute-see below) No 1-6
    Mid-term assignment 20 Friday 15 September, 2pm Individual No 1-6
    Take-home exam 40 Examination period Individual No 1-6
    Assessment Related Requirements

    ALL ASSESSMENT COMPONENTS EXCEPT THE QUIZZES ARE COMPULSORY. FAILURE TO COMPLETE ANY ONE OF THE COMPULSORY ASSESSMENT COMPONENTS (SUBJECT TO THE MODIFIED COURSEWORK ARRANGEMENTS AND EXTENSIONS POLICIES) WILL LEAD TO FAILURE OF THE COURSE
    Assessment Detail
    1. Presentation (10%)

    Each student must, during the semester, starting in week 3, give one in-class presentation, as part of  three (or if necessary, two) students.  (Your presentation week and group will be allocated by your seminar leader in week 1 seminar. Each student in the pair/group will receive the same mark (ie a group mark). The presentation will be on the week's reading(s) for the Property Perspectives component of the course. Where possible these readings will relate to the substantive material studied in lecture and seminar that week, but that is not always the case. Students must give a joint presentation of no more than 10 minutes which will be followed by class discussion on the presentation of 5- 10 minutes. Presenting students must submit one A4 page of summary of their presentation, and may use any audio-visual aids they wish, but this is optional.

    2. Online Quizzes (10%)

    There will be five online quizzes, spread throughout the course. These are individual assessments and are designed to test your understanding of the parallel substantive law materials taught during the weeks immediately preceding the quiz. Each quiz will remain open via the MyUni site for five days only and so can be completed at any time during that window, but will be completed as part of your structured learning (non-class) hours. Each quiz is worth 2% of your grade, totalling 10%. Failure to complete any quiz during the time period will result in zero for that quiz, but students with medical or similar evidence for missing one or more quizzes can apply to the Course Coordinator under the rules which apply to all assessments (see below).


    3. Critical Case-Log (20%)

    The critical case log is a compulsory small group assignment. In the first or second seminar students will be placed in small groups (no more than 5 people per group). Each week groups will be required to select one case from the week’s material and put together a two-page entry for the case log, using 10 point font.

    At the end of the semester groups are required to submit their completed Critical Case-Log. The Case-Log must contain 10 completed entries (one from each week of weeks 1-10). Groups need to self-nominate 5 entries for assessment.

    Further instructions will be posted on MyUni Assignments tab before the start of the course . Please note that although this is a group assessment with one group mark being given to all group members,  in case of manifest failure (notified by the rest of your group to the course coordinator) to contribute to the work and communication within your group to produce the portfolio,  students may, at the discretion of the Course Coordinator, suffer a penalty that adjusts their mark for this item of assessment to a level commensurate with their contribution. Information about how to work in groups, and  the processes to be followed in the event of a failure to contribute appropriately, will be made available on MyUni before the start of the course.


    4. Mid Term Assignment (20%)

    The mid-term assignment assesses knowledge from the property law and property perspectives components of the course. In the first part of the paper, students will be required to provide legal advice to a client in answer to a problem question. Following this, students will be asked to reflect on the broader social, ethical and political context of the problem. This part of the assessment will be assessed as a short-essay.

    The assignment will be distributed on Monday 14 August through the assignments panel in MyUni. The assignment is due at 2pm on Friday 15th September 2017.

    This is an individual piece of assessment and must not be written in collaboration with any other student.

    The answer must comply with standard Law School citation and submission requirements and must be no more than 3,000 words.


    5. Take-Home Exam (40%)

    The take-home exam mirrors the format of the mid-term assignment. Specifically, the take-home exam is designed to assess knowledge from the property law and property perspectives components of the course. In the first part of the exam, students will be required to provide legal advice to a client in answer to a problem question. Following this, students will be asked to reflect on the broader social, ethical and political context of the problem. This part of the assessment will be assessed as a short-essay.

    Every component of the course is examinable for the purpose of the take-home exam.

    The take-home exam will be scheduled to be released as part of the Examination Timetable, and the period for undertaking the exam is 24 hours. Because the take-home exam is only open for a limited period of time, requests for extensions to work on the paper cannot be granted. Students who qualify for Replacement/Additional Assessment (R/AA) will be given an alternative take-home exam during the R/AA period (11-15 December 2016).

    This is an individual piece of assessment and must not be written in collaboration with any other student.

    The answer must comply with standard Law School citation and submission requirements and must be no more than 3,500 words.
    Submission
    All assignments must be submitted electronically by the due date. The electronic copy must be submitted to a software program, Turnitin that checks your submission for plagiarism. Instructions on how to electronically submit your assignment to Turnitin will be provided with the assignment instructions.


    Extensions

    Extensions beyond the due date will only be granted in the case of serious and unforeseen incapacity. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances. If you require an extension, you will need to use the on-line application form available on the law school website (http://www.law.adelaide.edu.au/student/forms/) as soon as you are aware of the need for an extension, and before the due date of the assignment.

    The course coordinator will reply by email, determining whether an extension is warranted, what evidence is required to verify the student’s incapacity, and the length of the extension. Evidence of the incapacity must be submitted with the assignment, and must be consistent with details in the email requesting the extension. If the details of the request for an extension, and the medical or other evidence verifying the extension are not consistent in all respects, the extension is nullified, and the assignment may be penalised.

    All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.

    Penalties:

    Late Submission:  For in-term assignments including case log, 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

    Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

    Final results for this course will be made available through Access Adelaide.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible  moderation/change) by the Law School’s Board of Examiners. Assessment  results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is  required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support

    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/

  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.

  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.