LLAW3221 Real Property Law

2019

4.5

1 x 110-minute lecture weekly
1 x 50-minute tutorial fortnightly

1 Admission into BLAWLP-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1c Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1d Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1e Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
2 1 of LLAW2214, LLAW2101
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e) and 2)

1 of LLAW2322, LLAW3101 has been successfully completed

This topic will introduce students to fundamental principles of real property law, particularly the Torrens system in Australia. It provides knowledge of the nature of various proprietary interests in land, their creation and enforceability at law and equity. The topic covers statutory schemes and registration for land under Torrens system, and common law principles relating to general land law. The topic includes a variety of other subjects, such as the doctrines of tenure and estates, native title, leases, easements, and mortgages.

Part I covers the doctrines of tenure and estates, and the concepts of legal and equitable interests in land.

Part II covers the principles of Torrens system of title, including statutory schemes of registration, creation and enforceability of proprietary interests in land (including land owned by another), the nature of indefeasibility, exceptions to indefeasibility and priorities under the Torrens system.

Part III covers native title, boundaries to land, including fixtures, encroachment and ownership of minerals, and principles of land sale.

Part IV covers a number of other topics (including their creation and enforceability), such as easements, restrictive covenants, leases and mortgages.

The topic aims to enable students to understand the:

• creation and enforceability of proprietary interests under the Torrens and general law systems, and statutory schemes of registration under the Torrens system
• principles by which ownership of land in South Australia under the Torrens System is established
• nature of private and public ownership of land in South Australia, including native title
• doctrines of tenure and estates (including the division of ownership at any particular time and the division over time) and the nature of legal and equitable interests in land
• range of proprietary interests in land; in particular, mortgages, easements, leases, and restrictive covenants

Upon completion of this topic students will be able to:

1. Understand principles of the doctrines of tenure and estates under common law, and their significance in relation to land law in Australia
2. Recognise the fundamental legal and equitable rules and principles relating to Torrens system, including rules with respect to creation and enforcement of legal and equitable interests in land
3. Explain the nature of these interests in land (including native title) and solve problems involving competing claims to these interests in a parcel of land
4. Recognise the fundamental legal and equitable principles for the creation and enforcement of selected property interests in land (such as easements, mortgages, restrictive covenants, leases) under both common law and statutory provisions
5. Understand how such principles are used and applied in practice, by lawyers and courts, for settlement of disputes relating to interests in land
6. Communicate their explanations coherently and persuasively in accordance with norms of legal reasoning and presentation practice
7. Work independently to identify relevant practical legal issues relating to land interests and to locate sources of law.