This 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 creation, acquisition, attributes 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 and adverse possession, priority rules, leases, mortgages, easements, and concurrent ownership. Particular attention is paid to the Torrens system of registration of title.
Upon successful completion, students will have the knowledge and skills to:
- Exercise intellectual independence and judgement in selecting and applying the principles of property law covered in the course to complex property law problems;
- Analyse and predict how unresolved and/or ambiguous questions of property law could be resolved by the courts through an analysis of case law, underlying policy and the judicial method;
- Analyse and critique the values and policy considerations underlying property transactions covered in the course;
- Select and apply a range of legally specific research principles, methods and tools appropriate to evaluate and propose solutions to factually complex property law problems;
- Select and apply a range of approaches to written and oral communication, and apply the critical thinking required to bring about solutions to complex property law problems.
Property assumes a sound grasp of contract principles and remedies. Equity and Trusts is a compulsory course which follows on from Property. Elective courses which deal further with personal property are Commercial Law and Intellectual Property. Succession, Environmental Law and Indigenous Australians and the Law build on principles established in Property.
Property is not a course in conveyancing, which is covered in Practical Legal Training courses.
- The proposed means of assessment for this course will provide students with the option of undertaking at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the Class Summary and on the course WATTLE page by the first week of semester. (null) [LO null]
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Students are generally expected to devote approximately 10 hours overall per week to this course.
Requisite and Incompatibility
Edgeworth et al, Sackville and Neave Australian Property Law (11th edition, LexisNexis Butterworths 2020).
(Students may also use the 10th edition although some cases will be missing).
Conveyancing Act 1919 (NSW), Real Property Act 1900 (NSW).
Gray et al, Property Law in New South Wales (4th edition, LexisNexis Butterworths 2018).
(Students are not expected to buy this text but may find it useful. The library has copies).
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you 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). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found 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.