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Unit Overview

Description

This unit considers in detail the Torrens System of land title 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)].

Credit
6 points
Offering
(see Timetable)
AvailabilityLocationMode
Semester 2UWA (Perth)Face to face
Outcomes

Students are able to (1) identify and explain the fundamental principles of Land Law in relation to:

(a) The Torrens System of land registration;

(b) The concept of indefeasibility of title and exceptions to indefeasibility;

(c) The compensation provisions and the nature and role of caveats and unregistered interests in the Torrens System;

(d) Strata Titles;

(e) Easements;

(f) Mortgages; and

(g) Leases

; (2) demonstrate a critical and analytical approach to examining Land Law principles and reading cases

; (3) apply fundamental Land Law principles, covered in outcome one, to solve hypothetical legal problems

; (4) write clear, concise and persuasive legal arguments in answering hypothetical legal problems

; (5) recognise that ethical issues arise in various areas of Land Law

; (6) demonstrate independent learning and statutory interpretation skills; and (7) demonstrate self-reflection of written work.

Assessment

Indicative assessments in this unit are as follows: (1) self-reflective critique; (2) assignment; and (3) examination. Further information is available in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit Coordinator(s)
Claire Kaylock
Unit rules
Prerequisites
Masters of Legal Practice
Successful completion of
LAWS4104 Property Law
and LAWS4103 Contract
Contact hours
up to 4 hours per week
Recommended text

Moore, A. P., Grattan, S., Griggs, L., Australian Real Property Law, 7th edn: Thomson Reuters 2019

  • 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.
  • Visit the Essential Textbooks website to see if any textbooks are required for this Unit. The website is updated regularly so content may change. Students are recommended to purchase Essential Textbooks, but a limited number of copies of all Essential Textbooks are held in the Library in print, and as an ebook where possible. Recommended readings for the unit can be accessed in Unit Readings directly through the Learning Management System (LMS).
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.