LLAW9611 Real Property Law

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.

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

1. Theorise using knowledge and understanding of the broad theoretical basis of real property law including creation and enforceability of proprietary interests, statutory schemes of registration, acquisition and disposal of proprietary interests, concurrent ownership, proprietary interest in land owned by another and mortgages
2. Discuss their own professional judgment in the context of real property law
3. Critique complex legal issues through legal reasoning and research to generate appropriate jurisprudential and practical responses to legal issues in the context of real property law
4. Combine sophisticated cognitive and creative skills with critical analysis when approaching legal issues and generating appropriate responses in the context of real property law
5. Justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions, in the context of real property law, using intellectual and practical skills
6. Discuss real property law in ways that are effective, appropriate and persuasive for legal and non-legal audiences using a variety of communication methods and working with a high level of autonomy, accountability and professionalism