Australian Property Law

• Topics

  • The Concept of Property
  • Introduction to Title to Land and to Possessory Title
  • Fragmentation of Property Interests
  • The Creation and Disposition of Property Interests
  • Equitable Interests Arising by Operation of Law
  • Boundaries, Adverse Possession and the Doctrine of Fixtures
  • Leases
  • Co-ownership
  • Priority Disputes between Proprietary Interests
  • The Torrens System and the Principle of Indefeasibility and Exceptions to Indefeasibility
  • Torrens System Priority Disputes and the Caveat System

• Study resources

  • Online Materials

    • Audio-Video streaming

Entry Requirements

You are recommended to have completed the following subjects(s) or have equivalent knowledge before starting this unit:

• RMI-OJD110-Introduction to the Australian Legal System and Legal Methods
• RMI-OJD105-Fundamentals of Contract Law

Special requirements

No special requirements

This subject will introduce you to principles of real and personal property. It examines what ‘property’ is and what rights property ‘ownership’ creates. A special focus of the degree is the law relating to real property and the predominant system of land ownership in Australia - the Torrens system. Within this framework, the unit aims to familiarise you with broad concepts and some specific rules relating to the meaning and purposes of the concept of property. This covers concepts such as possession and title, the nature and type of proprietary interests; the creation of proprietary interests; legal and equitable interests; servitudes and security interests; co-ownership’ priority rules and remedies. In addition this subject enables you to gain an understanding of the relationship between the rules of property law and other rules used to resolve conflicts between legal persons (for example, some aspects of the rules of contract law and of torts).

• Discussion Board & Assignment (25%)
• Memorandum of Advice (25%)
• Open Book Invigilated Exam (50%)

Textbooks are subject to change within the academic year. Students are advised to purchase their books no earlier than one to two months before the start of a subject.