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SSUD71-106: Real Estate Property Rights January 2019 [Intensive]

General information

This subject will introduce students to the legal principles that apply to the ownership, use and transfer of real property. The subject will develop an understanding of the sources of law, the various interests in land, real estate contracts, and the rights, duties and obligations attaching to the ownership and use of real property. The subject provides students with a sound understanding of real property contracts, tendering processes, financial interests in land and the remedies available to enforce interests in land. Students will develop a good understanding of the various legal interests in real property and prepare them for further studies in planning, valuation, property development and investment.

Details

Academic unit:Faculty of Society & Design
Subject code:SSUD71-106
Subject title:Real Estate Property Rights
Subject level:Postgraduate
Semester/Year:January 2019
Credit points:10

Delivery & attendance

Timetable: https://bond.edu.au/timetable
Delivery mode:

Intensive

Workload items:
  • Seminar: x2 (Total hours: 14) - Seminar 1
  • Seminar: x2 (Total hours: 14) - Seminar 2
  • Seminar: x2 (Total hours: 14) - Seminar 3
Attendance and learning activities: Week 4 - Intensive Thursday to Saturday 9.00am to 4.00pm. Week 9 - Intensive Thursday to Saturday 9.00am to 4.00pm.

Resources

Prescribed resources: No Prescribed resources. After enrolment, students can check the Books and Tools area in iLearn for the full Resource List.
[email protected] & Email:[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.

To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au

Enrolment requirements

Requisites: ?

Nil

Restrictions: ?

Nil

Assurance of learning

Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.

At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.

Program Learning Outcomes (PLOs)

Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.

Find your program

Subject Learning Outcomes (SLOs)

On successful completion of this subject the learner will be able to:
  1. Identify and contextualise the various legal interests in property and the practical application of this knowledge to property development and investment.
  2. Demonstrate an understanding of construction contracts, legal interests in land and the remedies available for enforcement of rights.
  3. Demonstrate an understanding of the financial and security interests in real property and how these can be used to grow and manage portfolio investment.
  4. Critically analyse competing interests, conflicts in legal interests and contractual rights and the value of interests attaching to land title.
  5. Impart an understanding of the rights, duties and obligations of various interests in land.

Assessment

Assessment details

TypeTask%Timing*Outcomes assessed
Essay ^ Research Essay 20% Week 8 1, 2, 3, 4, 5.
Essay ^ Hypothetical Question 30% Week 11 1, 2, 3, 4, 5.
Paper-based Examination (Closed) ^ Formal examination 50% Final Examination Period 1, 2, 3, 4, 5.

Pass requirement

All components of the assessment must achieve a passing grade in order to pass the subject.

  • ^ Students must pass this assessment to pass the subject
  • * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
  • C = Students must reach a level of competency to successfully complete this assessment.

Assessment criteria

High Distinction 85-100 Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.
Distinction 75-84 Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.
Credit 65-74 Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.
Pass 50-64 Usually awarded to students whose performance meets the requirements set for work provided for assessment.
Fail 0-49 Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.

Quality assurance

For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.

Study information

Submission procedures

Students must check the [email protected] subject site for detailed assessment information and submission procedures.

Policy on late submission and extensions

A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.

Policy on plagiarism

University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.

Bond University utilises Originality Reporting software to inform academic integrity.

Feedback on assessment

Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.

Disability support

If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.

Subject curriculum

Looking into the concepts of land, ownership, possession and physical limits of ownership. Including a distinction between Real Property and Personal Property.

1, 2, 3, 4, 5.

Developing an understanding of the Australian Land Tenure System through the Doctrine of Tenure and Crown land ownership. Discussion on native title and Mabo (No.2).

1, 2, 3, 4, 5.

Discussion of the Torrens System, the concept of indefeasibility and the exceptions to indefeasibility. This includes the importance in registering interests.

1, 2, 3, 4, 5.

A discussion of caveats and caveatable interests and the importance of caveats in protecting interests in land.

1, 2, 3, 4, 5.

Discussion of the different types of ownership in land in Queensland such as sole ownership and joint ownership. Developing an understanding of fixtures and chattels and the importance of these interests relating to land. Also, reference is made to Improvements under Mistake of Title.

1, 2, 3, 4, 5.

Discussion of easement interests being those that are registered and those that are recognized by law. Necessary actions to protect an interest in land through an easement. Discussion of profit a prendre and the nature of this interest relating to land.

1, 2, 3, 4, 5.

Discussion of the interest in land known as mortgage. How this interest is created and protected. Obligations of both mortgagor and mortgagee. How a mortgage may come to end. Discussion of covenants and how this interest is recognized and impacts use of the land.

1, 2, 3, 4, 5.

Discussion of land development and how the different interests in land reviewed in this subject impacts land development.

1, 2, 3, 4, 5.

Discussion of the nature, creation and development of a community titles scheme and the applicable legislation governing this.

1, 2, 3, 4, 5.

Discussion of Australian Consumer Law and how it protects the interests of those dealing with land. Reference made to inducement, misleading and deceptive conduct, mistake, unconscionable conduct and unfair terms.

1, 2, 3, 4, 5.

Discussion of the concepts of negligence and trespass in relation to land.

1, 2, 3, 4, 5.

Discussion of the creation of a contract, terms, breach and remedies.

1, 2, 3, 4, 5.

Discussion of the nature of a lease, terms, breach and remedies.

1, 2, 3, 4, 5.
Approved on: Sep 21, 2018. Edition: 1.2