LAWS4107 Land Law
- 6 points
Availability Location Mode Semester 2 UWA (Perth) Face to face
- This unit identifies and explains the fundamental principles of land law in relation to the general law priority rules regarding land and considers in detail the Torrens System of land registration including (1) the concept of indefeasibility of title; (2) the exceptions to indefeasibility; and (3) the nature and role of caveats and unregistered interests in the Torrens System. It explores the law regarding land transactions including mortgages, leases and easements. The unit fosters a critical and analytical approach to examining land law principles which are revealed in the case readings and in legislation. It identifies, where appropriate, ethical issues that arise in land law. It seeks to advance the core legal skills of problem solving; statutory interpretation; effective oral communication skills; and clear, concise and persuasive written legal arguments. The assessment seeks to examine these core legal skills and further provides students with the opportunity to hone their skills in case law analysis; statutory interpretation and independent learning. In addition, students participate in a reflective feedback exercise in which students are asked to reflect on an item of assessment submitted in the first semester property unit [LAWS4104 Property (formerly LAWS5104 Property)].
- Students are able to (1) demonstrate an understanding of (a) the Torrens System of land registration including the concept of indefeasibility of title and the exceptions to indefeasibility; (b) unregistered interests in the Torrens System; and (c) mortgages, leases and easements; students demonstrate a developing understanding of, at an introductory level, comparative interstate perspectives comparing and contrasting different judicial and statutory approaches to common land law issues in interstate jurisdictions, and the role of land law within an historical, social, economic and political context; students also show an appreciation of contemporary developments in land law including issues on indefeasibility of title, compensation mortgages and leases; (2) recognise and critique alternative ethical responses to legal issues and make appropriate justified choices from the alternatives identified; (3) (a) analyse a hypothetical fact scenario and identify and articulate the relevant facts and legal issues raised; (b) identify, interpret and apply fundamental and relevant legal principles and reasoning in resolving land law issues; (c) generate and evaluate alternative theoretical, legal, ethical and practical responses to legal issues and make appropriate, justified and reasoned choices from the alternatives; (d) analyse statutes at an intermediate level by reading, interpreting and applying a statute to a legal problem without prior tuition on the content of the statute; and (e) undertake independent learning of legislation and case law in interpreting and applying fundamental land law principles to respond to land law issues; (4) write clear, concise and persuasive legal arguments in answering hypothetical legal problems or essay questions; and (5) demonstrate independent learning and reflect on their personal performance in the property examination in light of general feedback in order to assess their capabilities and enhance their professional development.
- Indicative assessments in this unit are as follows: (1) self-reflective critiques; (2) assignments; and (3) examination. Further information is available in the unit outline.
Supplementary assessment is not available in this unit.
- Unit Coordinator(s)
- Ms Penny Carruthers
- Unit rules
- Contact hours
- 4 hours per week
- Recommended text
Moore, A. P., Grattan, S., Griggs, L., Australian Real Property Law, 6th edn: Thomson Reuters 2015
- The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
- All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
- Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary reading', 'Recommended reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. Where texts are listed in the unit description above, an asterisk (*) indicates that the book is available in paperback.