This course is a compulsory course required for admission to legal practice. Understanding the law of property is essential for any practising lawyer. The course builds heavily on the law of contract (which you have already completed) and will lead on to other compulsory and elective courses. It is closely related to the law of equity (a further compulsory course) which you will study after Property. In terms of elective courses, understanding the basic law of property is essential before you go on to study courses such as intellectual property, commercial law and Indigenous Australians and the Law.
The course provides an overview of the law governing personal and real property, emphasising the concepts of possession and title, the fragmentation of proprietary interests, and the various ways in which common law and legislation resolve disputes between competing interests. The greater part of the course is devoted to the nature, creation, acquisition, exercise, and remedies for the protection, of interests in real property (land). The course covers legal and equitable interests in land, the acquisition and transfer of such interests by purchase, gift and adverse possession, priority rules, leases, mortgages, easements, and concurrent ownership. Particular attention is paid to the Torrens system of title by registration. (Property is not a course in conveyancing, which is covered in Practical Legal Training programs such as the Graduate Diploma of Legal Practice in the Legal Workshop)
Upon successful completion, students will have the knowledge and skills to:By the conclusion of this course, it is intended that students who have successfully completed all of the course requirements should be able to:
• Define, explain, distinguish and apply the basic concepts and terminology of property law;
• Critically analyse the values and policy considerations involved in the legal regulation of property transactions (including, for example, security, certainty and social justice);
• Recognise, define and appraise the role of property law in providing tools for the myriad of property dealings for commercial and private purposes, including transfers, securing of loans, leasing land, sharing of ownership, and regulating land use;
• Explain and demonstrate how the doctrines of property law apply to a factual problem, in writing and orally, and recognise any unresolved or ambiguous questions of law;
• Engage in legal research to formulate persuasive written arguments reflecting critically on the fundamental themes underlying and connecting policy and doctrines covered in the course, and how property has been, and can be, used as a vehicle for social change;
Indicative AssessmentThe assessment in this course will consist of FOUR compulsory components:
1. multiple choice exam 15%
2. seminar participation 10%
3. research essay 25%
4. ‘semi closed-book’ examination 50%
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
WorkloadThe course has an average of four hours of class contact, comprising of large group classes, JD Seminars and at least one JD Master class. The amount of time that is needed for effective learning outcomes will vary according to each student’s abilities and experiences, and any time allocation is necessarily generalised. However, as a general indication, in addition to the large group class and seminar times, students should plan to devote at least 6-7 hours per week to studying Property Law.
Requisite and Incompatibility
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
|Class number||Class start date||Last day to enrol||Census date||Class end date||Mode Of Delivery||Class Summary|
|4040||15 Feb 2016||26 Feb 2016||31 Mar 2016||27 May 2016||In Person||N/A|