The University of New South Wales

go to UNSW home page

Handbook Home

PRINT THIS PAGE
Property and Equity 2 - LAWS2382
 Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Pre-requisite: LAWS2381; JURD7281
 
 
Excluded: JURD7282
 
 
CSS Contribution Charge:Band 3 (more info)
 
   
 
Further Information: See Class Timetable
 
  

Description

Property and Equity 2 builds on LAWS2381 Property, Equity and Trusts 1 by analysing many of the doctrines focused on in that course in the context of the Torrens system of land registration, and other domains of land law such as leases, mortgages, co-ownership and easements. The course will give students a sound understanding of basic principles of land law, and the role that equitable doctrine plays in the formation and modification of property rights. This is not to say that the course attempts to cover every aspect of the law of property. Exhaustive coverage is neither possible nor desirable. However, it does mean that students are expected to master the fundamental principles applicable to standard property interests, to examine the role of equitable doctrine, and to understand the framework of the legislation which now regulates much of the law of property.


Recommended Prior Knowledge

None

Course Objectives

The course does not aim to enable students to undertake legal work in such fields as conveyancing or commercial property transactions, although the course routinely examines practical legal matters. Among the learning outcomes the course specifically aims to achieve are the acquisition by students of skills important for lawyers, whether or not they enter private practice.

Students undertaking this course will develop the capacity:
  • To solve legal problems by reasoned analysis of property rights
  • To argue clearly and persuasively, both verbally and in writing
  • To interpret legislation, and understand the interplay between law and equity in the creation and transfer of property rights
  • To evaluate critically case- and statute law with a view to possible reforms
  • To analyse the notion of property as a key concept in the economy and society

Main Topics

  • Torrens system
  • Leases
  • Co-ownership
  • Easements
  • Mortgages

Assessment

Class participation - 20% (depending on lecturer, may be opt-in, maximisable or compulsory)

Mid-semester assessment - 30%

Final exam - 50 - 70% (depending on CP)

Course Texts

Prescribed
Edgeworth, Rossiter, Stone and O'Connor, Sackville and Neave's Property Law: Cases and Materials, 2008, 8th edition, LexisNexis

Recommended

  • Bradbrook, MacCallum and Moore, Australian Real Property Law, 2002, 3rd ed, Thomson
  • Butt, Land Law, 2010, 6th ed, Thomson
  • Gray, Edgeworth, Foster and Grattan, Property Law in New South Wales, 2007, 2nd edition, LexisNexis
  • Bradbrook and Croft, Commercial Tenancy Law in Australia, 1996, 2nd edition, Thomson
  • Meagher, Heydon and Leeming, Meagher, Gummow and Lehane's Equity: Doctrines and Remedies, 2002, 4th edition, LexisNexis

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.