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LAW3204 Property Law B

Semester 2, 2013 On-campus Toowoomba
Units : 1
Faculty or Section : Faculty of Business and Law
School or Department : School of Law
Version produced : 24 April 2014

Contents on this page

Staffing

Examiner: Liam Scott
Moderator: Mark Byrne

Requisites

Pre-requisite: LAW3203

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.

Rationale

Property Law B continues and expands on the studies commenced in Property Law A. Queensland has a specialised legal system relating to Property Law which is an integral part of legal process in Queensland. As such, understanding Property Law is a crucial part of fully understanding the law generally. Students will be challenged to consider objects as more than just physical items of property, but as a reflection of a complex set of legal rights in relation to the item itself, including the position of owners and any third party which might have an interest in the item or any person to whom it might be transferred. The distinction between legal and equitable interests in considering the legal effect of that “bundle of rights” will be carefully and practically considered as those different rights have historical significance that retains practical importance to this day.

Synopsis

This course continues the study of property law commenced in Property Law A. It looks at particular issues of real property law in greater depth which are important to understanding the practical and commercial context of property transactions. Topics covered will include the concept of land, fixtures, torrens title land, unregistered interests, mortgages, easements and other encumbrances and leases.

Objectives

On successful completion of this course students should be able to:

  1. demonstrate academic and professional literacy skills by identifying, describing and evaluating the general policies underlying the law of property in Australia
  2. describe how law protects various property interests
  3. describe the legal nature of land holdings and the rights of owners
  4. describe the scope and meaning of real property
  5. describe and apply the law relating to community title schemes, mortgages, easements, landlord and tenant and freehold covenants to given fact situations in order to determine the likely outcome to issues raised
  6. display a fundamental knowledge of the essential concepts
  7. demonstrate satisfactory skills in:
    1. legal problem-solving
    2. comprehension of legal and other materials
    3. analytical and critical thinking – including analysis of law and facts
    4. logical analysis and reasoning in the presentation of legal and other arguments, including the application of law to factual scenarios in the presentation of solutions to legal issues and problems
    5. written and oral communication
    6. legal writing and research
    7. understanding of local and national perspectives in law and related areas, including indigenous, multicultural and gender perspectives
    8. legal writing and drafting, including letter writing.
  8. Within the range of outcomes above, students should also be able to demonstrate the following graduate attributes:
    1. knowledge which includes the fundamental principles of property law as taught in this course, and underlying principles and concepts, including indigenous perspectives; the broader contexts within which legal issues arise, including the ability to critically evaluate and examine the broader context within which legal issues arise, including, for example, the political, social, historical, philosophical and economic context
    2. thinking skills which include the ability to identify and articulate legal issues; comprehend legal and other materials; apply legal reasoning and research to generate appropriate responses to legal issues; engage in critical analysis and make a reasoned choice amongst alternatives; think creatively in approaching legal issues and generating appropriate responses; and to draft appropriate legal correspondence such as a letter
    3. research skills, being the intellectual and practical skills needed to identify, research in an ethical manner, evaluate and synthesise relevant factual, legal and policy issues
    4. communication skills; the ability to communicate effectively, appropriately and persuasively for the relevant context.

Topics

Description Weighting(%)
1. Real property concepts: encroachments and boundaries 10.00
2. Fixtures 10.00
3. Co-ownership 10.00
4. Leases 15.00
5. Torrens title 30.00
6. Unregistered interests 10.00
7. Mortgages 10.00
8. Easements and restrictive covenants 5.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2013&sem=02&subject1=LAW3204)

Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)

  • MacDonald, C, McCrimmon, L, Wallace, A & Weir, M 2010, Real property law in Queensland, 3rd edn, Thomson Reuters (Professional), Rozelle, New South Wales.
  • LAW3204 course content CD available for purchase from the USQ Bookshop. Note that course content is also available on-line via the USQ Study Desk.
  • LEGISLATION: This will be referred to in class. There is no need to print off whole Acts although sections of legislation (as directed) will be required for this course which is heavily reliant upon statute law.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
  • Bradbrook, AJ, MacCallum, SV & Moore, AP 2011, Australian real property law, 5th edn, Lawbook Co, Pyrmont, New South Wales.
  • Chambers, R 2008, An introduction to property law in Australia, 2nd edn, Lawbook Co, Pyrmont, New South Wales.
  • Edgeworth, BJ, Rossiter, CJ, Stone, MA & O'Connor, PA 2013, Sackville and Neave Australian property law, 9th edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • Hepburn, S 2012, Australian property law: cases, materials and analysis, 2nd edn, LexisNexis Butterworths, Chatswood, New South Wales.
  • LexisNexis AU [electronic database]: Australian Property Law Journal - accessible via USQ Library Databases.

Student workload requirements

Activity Hours
Assessments 40.00
Directed Study 50.00
Lectures and Tutorials 39.00
Private Study 36.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ONLINE TEST 10 0 08 Aug 2013
ESSAY 100 50 30 Sep 2013
2-HOUR EXAMINATION 50 50 End S2 (see note 1)

NOTES
  1. The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date after the timetable has been finalised.

Important assessment information

  1. Attendance requirements:
    It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    If students submit assignments after the due date without prior approval of the examiner, then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded.

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  5. Method used to combine assessment results to attain final grade:
    The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Any Deferred or Supplementary examinations for this course will be held during the next examination period.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. Assignments:
    1. The due date for an assignment is the date by which a student must despatch the assignment to the USQ. The onus is on the student to provide proof of the despatch date, if requested by the examiner.
    2. Students must retain a copy of each assignment submitted for assessment. This must be produced within 24 hours if required by the examiner.
    3. In accordance with university policy, the examiner may grant an extension of the due date of an assignment in extenuating circumstances.
    4. Assignments are to be submitted in the appropriate assignment folders.
    5. The examiner will normally only accept assessments that have been written, typed or printed on paper-based media.
    6. The examiner will not accept submission of assignments by facsimile.
    7. In the event that a due date for an assignment falls on a local public holiday in their area, such as a show holiday, the due date for the assignment will be the next day. Students are to note on the assignment cover the date of the public holiday for the examiner's convenience.
    8. Students may be required to submit assignments via EASE or other method for electronic submission of assignments.
    9. Students may be required to use Turnitin.


  2. Course weightings:
    Course weightings of topics should not be interpreted as applying to the number of marks allocated to questions testing those topics in an examination paper. The examination may test material already tested in assignments.

  3. Referencing in assignments:
    Students studying this course as part of a Bachelor of Laws program must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in a Bachelor of Laws program may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.

  4. Deferred work:
    Students who, for medical, family/personal, or employment-related reasons, are unable to complete an assignment or to sit for an examination at the scheduled time may apply to defer an assessment in a course. Such a request must be accompanied by appropriate supporting documentation. One of the following temporary grades may be awarded: IDS (Incomplete - Deferred Examination); IDM (Incomplete Deferred Make-up); IDB (Incomplete - Both Deferred Examination and Deferred Make-up).

  5. Dishonest actions:
    1. Any student who is alleged to have performed a dishonest action relating to any assessment in the course will have a course of action taken against him/her as outlined in the academic regulations.
    2. Pieces of assessment should be the work of individual students. Joint pieces of assessment are not permitted unless written approval has been obtained from the examiner.
    3. Dishonest action in relation to assessment includes: copying or attempting to copy the work of others; use of or attempting to use information prohibited from use in that form of assessment; submitting the work of another as your own; consciously committing acts of plagiarism, that is, taking and using another's thoughts or writings as one's own with intent to deceive, which occurs when paragraphs, sentences, a single sentence or significant parts of a sentence which are copied directly, are not enclosed in quotation marks and appropriately footnoted or referenced in the text; direct quotations are not used, but text is paraphrased or summarised, and the source of the material is not acknowledged by footnoting or other reference in the text.


Other requirements

  1. Computer, e-mail and Internet access:
    Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.