Property Law A is a compulsory subject in the Bachelor of Laws program offered by the Faculty of Law. The subject introduces the general principles of the law relating to property (real and personal property). It covers a range of topics including the meaning, purposes and categories of property, the concepts of ownership and possession, the fragmentation of proprietary interests, personal property security interests, and the Torrens system of land title. Emphasis is placed on the development of legal writing and drafting skills.
|Academic unit:||Faculty of Law|
|Subject title:||Property Law A|
Delivery & attendance
|Attendance and learning activities:||Attendance at lectures is highly recommended, however attendance at tutorials is mandatory and your participation provides 20% of your assessment.|
|Prescribed resources:|| |
|[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
Students must be admitted into an approved Bachelor Law degree OR Bachelor of Laws combined degree OR be an approved Law Study Abroad OR Law Exchange student.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
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:
- Demonstrate understanding of the following legal topics: concepts of property (real and personal property); and indefeasibility of Torrens title including compensation.
- Demonstrate competency in exercising the following skill at an intermediate level, with creativity, initiative and judgment: legal writing and drafting.
- Adhere to the highest standards of professionalism, including a commitment to: learning and working independently and reflectively; behaving ethically and responsibly; and managing time effectively and meeting deadlines.
|*Class Participation||Tutorial Participation||20%||Weekly||1, 2, 3.|
|Skills Assignment||Letter of Advice to Client and Memorandum of Advice to Partner||30%||Week 10||1, 2, 3.|
|Take-home Examination||Final Assessment||50%||Final Examination Period||1, 2, 3.|
- * 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.
|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.|
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.
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.
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.
Accessibility and Inclusion 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.
Additional subject information
Students may be asked to respond to questions from the subject coordinator regarding the content of their assessments. Students are expected to keep evidence of drafting and research.
(a) What is property (b) Property as a relationship (c) Property separate from object (d) Private, public and communal property (e) Justification for private property (f) Characteristics of property
a) A consideration of the doctrine of tenure in English Law (b) The meaning and scope of tenure in the present-day law in Australia
(a) The nature of interests in land (b) Classification of estates according to their duration (c) Fragmentation between legal and beneficial ownership
(a) The concept of title and seisin (b) The action for recovery of land (relativity of title) (c) Possession as a root of title
(a) Methods of acquisition and transfer of proprietary interests (b) Systems of title in Queensland – Deeds registration system; crown leasehold registration (Land Act); Torrens Title (Land Title Act)
a) Registration of title b) Introduction of the Torrens system c) Outline of the Torrens system d) Bringing land under the system e) The mechanics of registration f) Effect of registration g) Unregistered instruments
a) Concept of indefeasibility b) The legislative scheme c) Title by registration (the effect of registration of a void instrument) d) The limits of indefeasibility (the four main classes of exceptions) e) Fraud f) In personam exception g) Short leases h) Omitted easements i) Title by possession
j) Overriding statutes k) Compensation provisions l) Introduction to caveats m) Caveats against dealings n) Caveats to protect equitable mortgages o) Priority notices p) Legal and equitable priorities (effect of caveats on equitable priorities)
(a) Categories at Common Law (b) Real property – Numerus clausus principle (c) Categories of personal property (d) Fixtures (nexus between real and personal property)
(a) Introduction (b) Ownership (c) Possession (Personal Property) (d) Bailment (definition, creation, and duties of bailee and bailor)
(a) Introduction and background; impact on personal property transactions (b) Structure; important definitions (c) Attachment, Perfection and Registration (d) Purchase money security interests (PMSIs) and Priorities under the PPSA
(e) Dealing with Collateral: (i) Proceeds, Commingling and Accession (ii) Transferring collateral and taking property free from security interests (f) Enforcement of security interests
Revision & review