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, 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: May 2024 Credit points: 10.000 -
Delivery & attendance
Timetable: https://bond.edu.au/timetable Delivery mode: Intensive Workload items: - Workshop: x2 (Total hours: 12) - Workshop 1: Thursday
- Workshop: x2 (Total hours: 12) - Workshop 2: Friday
- Workshop: x2 (Total hours: 12) - Workshop 3: Saturday
- Personal Study Hours: x12 (Total hours: 84) - Recommended study hours
Attendance and learning activities: As successful completion of this subject is heavily dependent on participation during all scheduled sessions, attendance will be monitored. Most sessions build on the content of the previous one. It is difficult for a student to recover if a session is missed. It is the responsibility of the student to catch up on any content missed and to complete set work outside class. It is also necessary for students to engage proactively and contribute positively in discussions, analyses and case studies. The assessments are an important part of developing the knowledge and understanding required to fulfil the minimum requirements of this subject. In addition to contact hours, students should plan to spend a minimum of 84 hours undertaking preparation/out of class work/personal study for this subject. This is intended as a general guide only for workload planning. More time may be required depending on the student's comprehension of the content delivered in class and aptitude for the subject. Please note that subsequent subjects assume the student has a full understanding of this subject - this content will not be repeated. -
Resources
Prescribed resources: Books
- Chris Davies (2015). Property Law Guidebook. 4th ed, Oxford University Press
iLearn@Bond & Email: iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class 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
| Academic unit: | Faculty of Society & Design |
|---|---|
| Subject code: | SSUD71-106 |
| Subject title: | Real Estate Property Rights |
| Subject level: | Postgraduate |
| Semester/Year: | May 2024 |
| Credit points: | 10.000 |
| Timetable: | https://bond.edu.au/timetable |
|---|---|
| Delivery mode: | Intensive |
| Workload items: |
|
| Attendance and learning activities: | As successful completion of this subject is heavily dependent on participation during all scheduled sessions, attendance will be monitored. Most sessions build on the content of the previous one. It is difficult for a student to recover if a session is missed. It is the responsibility of the student to catch up on any content missed and to complete set work outside class. It is also necessary for students to engage proactively and contribute positively in discussions, analyses and case studies. The assessments are an important part of developing the knowledge and understanding required to fulfil the minimum requirements of this subject. In addition to contact hours, students should plan to spend a minimum of 84 hours undertaking preparation/out of class work/personal study for this subject. This is intended as a general guide only for workload planning. More time may be required depending on the student's comprehension of the content delivered in class and aptitude for the subject. Please note that subsequent subjects assume the student has a full understanding of this subject - this content will not be repeated. |
| Prescribed resources: | Books
|
|---|---|
| iLearn@Bond & Email: | iLearn@Bond is the Learning Management System at Bond University and is used to provide access to subject materials, class 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 |
|---|---|
| Assumed knowledge: |
Assumed knowledge is the minimum level of knowledge of a subject area that students are assumed to have acquired through previous study. It is the responsibility of students to ensure they meet the assumed knowledge expectations of the subject. Students who do not possess this prior knowledge are strongly recommended against enrolling and do so at their own risk. No concessions will be made for students’ lack of prior knowledge.
|
| 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.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
Generative Artificial Intelligence in Assessment
The University acknowledges that Generative Artificial Intelligence (Gen-AI) tools are an important facet of contemporary life. Their use in assessment is considered in line with students’ development of the skills and knowledge which demonstrate learning outcomes and underpin study and career success. Instructions on the use of Gen-AI are given for each assessment task; it is your responsibility to adhere to these instructions.
-
Assessment details
Type Task % Timing* Outcomes assessed Computer-Aided Examination (Closed) End of Semester Exam 40.00% Final Examination Period 1,2,3,4 Computer-aided Test (Open) Multiple choice 20.00% Week 7 1,2,3,4 Written Report§ Scenario-based problem solving 40.00% Week 11 1,2,3,4 - § Indicates group/teamwork-based assessment
- * 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
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.
| Type | Task | % | Timing* | Outcomes assessed |
|---|---|---|---|---|
| Computer-Aided Examination (Closed) | End of Semester Exam | 40.00% | Final Examination Period | 1,2,3,4 |
| Computer-aided Test (Open) | Multiple choice | 20.00% | Week 7 | 1,2,3,4 |
| Written Report§ | Scenario-based problem solving | 40.00% | Week 11 | 1,2,3,4 |
- § Indicates group/teamwork-based assessment
- * 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 iLearn@Bond subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A student who has not established a basis for an extension in compliance with University and Faculty policy either by 1) not applying before the assessment due date or 2) by having an application rejected due to failure to show a justifiable cause for an extension, will receive a penalty on assessment submitted after its due date. The penalty will be 10% of marks awarded to that assessment for every day late, with the first day counted after the required submission time has passed. No assessment will be accepted for consideration seven calendar days after the due date. Where a student has been granted an extension, the late penalty starts from the new due date and time set out in the extension.
Academic Integrity
Bond University‘s Student Code of Conduct Policy , Student Charter, Academic Integrity Policy and our Graduate Attributes guide expectations regarding student behaviour, their rights and responsibilities. Information on these topics can be found on our Academic Integrity webpage recognising that academic integrity involves demonstrating the principles of integrity (honesty, fairness, trust, professionalism, courage, responsibility, and respect) in words and actions across all aspects of academic endeavour.
Staff are required to report suspected misconduct. This includes all types of plagiarism, cheating, collusion, fabrication or falsification of data/content or other misconduct relating to assessment such as the falsification of medical certificates for assessment extensions. The longer term personal, social and financial consequences of misconduct can be severe, so please ask for help if you are unsure.
If your work is subject to an inquiry, you will be given an opportunity to respond and appropriate support will be provided. Academic work under inquiry will not be marked until the process has concluded. Penalties for misconduct include a warning, reduced grade, a requirement to repeat the assessment, suspension or expulsion from the University.
Feedback on assessment
Feedback on assessment will be provided to students according to the requirements of the Assessment Procedure Schedule A - Assessment Communication Procedure.
Whilst in most cases feedback should be provided within two weeks of the assessment submission due date, the Procedure should be checked if the assessment is linked to others or if the subject is a non-standard (e.g., intensive) subject.
Accessibility and Inclusion Support
Support is available to students where a physical, mental or neurological condition exists that would impact the student’s capacity to complete studies, exams or assessment tasks. For effective support, special requirement needs should be arranged with the University in advance of or at the start of each semester, or, for acute conditions, as soon as practicable after the condition arises. Reasonable adjustments are not guaranteed where applications are submitted late in the semester (for example, when lodged just prior to critical assessment and examination dates).
As outlined in the Accessibility and Inclusion Policy, to qualify for support, students must meet certain criteria. Students are also required to meet with the Accessibility and Inclusion Advisor who will ensure that reasonable adjustments are afforded to qualifying students.
For more information and to apply online, visit BondAbility.
Additional subject information
Subject curriculum
-
Introduction to theory, approach and structure of subject
Australian property law, classification of property, state and Commonwealth responsibilities and the legal nature of property.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
-
Definition and identification of Land
What is land, fixtures and fittings, water rights, mineral resources and mining law.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
-
Tenure and estates
Evolution of the doctrine of tenures and estates, determinable and conditional estates and future interests.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
-
Torrens land title system
Precursors - Old system and chain of title; Evolution of Torrens titling; indefeasibility principles and limits; caveats and equitable interests; remedies.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
-
Co-ownership of property
The history; Joint tenancies and tenants-in-common; Rights and termination; Strata and community title.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
-
Other proprietary interests
Boundaries, easements, extinguishment, restrictive covenants, profit à prendre.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
-
Mortgages
Common law mortgages; Torrens system mortgages; Rights of the mortgagor.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
-
Leases
Definition, creation, covenants, options, determination, privity of contract and of estate; residential and retail leases.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
-
Creation and enforcement of property interests
Development of equity; Legal and equitable interest; Part performance and specific performance. Priorities under common law and Torrens Title.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
-
Native Title
Common and statutory native title; Extinguishment.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.
-
Built environmental law
Climate, heritage and environmental law.
SLOs included
- Identify and reflect on complex practical information and its application to land ownership, use and development.
- Demonstrate an understanding of legal contracts and the remedies available for enforcement of property rights and interests through rigorous research into established theories and associated case and statute law.
- Analyse critically competing interests in land, promote reflection on conflicts between parties and generate syntheses of contractual relationships attaching to land title.
- Interpret and transmit an understanding of land and property rights and interests to specialist and non-specialist clients through written and oral communication.