units

LAW7270

Faculty of Law

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Monash University Handbook 2010 Postgraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

LevelPostgraduate
FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2010 (Day)
City (Melbourne) Trimester 2 2010 (Day)
Coordinator(s)Ms Nicole Bieske (T1-58, T2-58)

Synopsis

This course will build upon the Principles of Property Law course primarily in relation to Land Law, set within the continuing context of priority disputes. The course will cover:
Concurrent ownership - rights and duties of co-owners, Unregistered land, The deeds registration system, The Torrens System - Transfer of Land Act 1958, Indefeasibility of title and exceptions to indefeasibility, The Assurance Fund, Equitable interests under the Torrens System, Leases, Mortgages, Proprietary interests in land owned by another: easements, restrictive covenants & profits a prendre

Objectives

On completion of this subject students will have acquired:

  • An understanding of the fundamental concepts that underpin registered and unregistered land ('Torrens' and 'general law land' respectively), and the distinction between the two systems.

  • A familiarity with State legislation relevant to the operation of the transfer of registered land.

  • An understanding of the principle of indefeasibility, which underpins the Torrens system, and the exceptions to this principle.

  • An understanding of how interests in registered property are determined. These interests include those which may be registered (such as leases, mortgages, easements, restrictive covenants) and those which may not.

  • An appreciation of how and why courts apply equitable principles to disputes within the Torrens system.

  • Further skills in case law analysis.

  • A greater understanding of the practice of property law litigation.

Assessment

Memorandum of Advice requiring students to provide comprehensive advice to a client in a factual situation involving Torrens title land: 30%
Final Examination: 70%

Chief examiner(s)

Ms Nicole Bieske

Contact hours

2 hours per week x 12 weeks

Prerequisites

LAW7079, LAW7212, LAW7267, LAW7428, LAW7429