Overview

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, … For more content click the Read More button below.

Topic availabilities

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Tuition pattern

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Aims

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
  • 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
  • Nature of private and public ownership of land in South Australia, including native title, range of proprietary interests in land; in particular, mortgages, easements, leases, and restrictive covenants

Learning outcomes

On completion of this topic you will be expected to be able to:
1.
Explain principles of the doctrines of tenure and estates under common law, and their significance in relation to land law in Australia
2.
Analyse 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.
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.
Discuss 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

Assessments

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Requisites information

Pre-requisites:
Anti-requisites: