Outline

Overview

Land law (or the law of "real property") has always played an important role in the economic, social and political life of Australia. Australian real property law draws much of its principle from English real property law; but over the last 100 years in particular, Australian real property law has begun to develop its own unique character. This is particularly evident in two key aspects of modern Australian law: the Torrens system of land registration (which forms a large part of this unit of study) and the developing law of indigenous title to land (which is studied in Introduction to Property and Commercial Law, but which may surface occasionally in parts of this unit also). This unit considers in particular the following topics: priorities between competing interests in land (building on material from the introductory unit, Introduction to Property and Commercial Law); the Torrens system of land registration; co-ownership of land (joint tenancies and tenancies in common); easements; covenants; leases and licences; mortgages. The unit, inter alia, aims to develop problem solving skills and skills in interpreting complex statutory provisions in the Real Property Act 1900 (NSW) and the Conveyancing Act 1919 (NSW)

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS5008 or LAWS1012
Corequisites ?	None
Prohibitions ?	LAWS2007 or LAWS2017
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Cameron Stewart, cameron.stewart@sydney.edu.au

Type	Description	Weight	Due	Length
Assignment	Compulsory Short-Release Assignment Short-release assignment	0%	STUVAC Due date: 15 Nov 2021 at 09:00 Closing date: 19 Nov 2021	4,000 words / 3 days
Outcomes assessed:
Assignment	Optional Assignment Problem Question	0%	Week 06 Due date: 13 Sep 2021 at 23:59 Closing date: 20 Sep 2021	2,000 words
Outcomes assessed:

Assessment summary

Optional Assignment (30%)

This Assignment covers the first 4 weeks of the course. The assignment will be released in Week 2, and is to be submitted online by 23:59 on Monday 13 September 2021. The assignment is worth 30% of the course assessment.

Students must employ the Australian Guide to Legal Citation for their referencing. The word limit is strictly 2,000 words, including all references (citations and discursive text).

The Assignment is optional. Students who do not submit the Assignment on time (or by any date extended due to special consideration, adjustment, or simple extension) will not receive any penalty and will automatically be deemed to have opted for the 100% final assignment.

The Assignment will be a problem question.

Students should show that they understand the relevant principles and their application, having regard to the course materials covered by the assessment. The assessment is designed to test not just disciplinary expertise but also to test written communication skills and understanding of the broader context of the subject.

Compulsory Short-Release Assignment(70% or 100%)

This assessment covers the whole course. It is worth 100% of the course mark and grade, unless a student has submitted the optional 30% assignment, in which case it will be worth 70%.

The assessment will be released around 10am on Friday 12 November 2021 and must be submitted online no later than 9am on Monday 15 November 2021.

The latest extension that can be approved via Special Consideration (ie the closing date) is 19 November. If Special Consideration exceeds this date, the outcome will be a replacement assessment.

This assessment is designed to test students’ understanding of the whole subject, particularly the concepts and principles of the Torrens system. The assessment will include problem questions. It will test students’ ability efficiently to identify the key issues raised by a problem and to provide a reasoned response which identifies the applicable principles, and applies them having regard to the facts, bearing in mind the need for clear and concise expression. Students must employ the Australian Guide to Legal Citation for their referencing.

The word limit for the exam is strictly 4,000 words, including references. See below for penalties for exceeding this limit.

IMPORTANT NOTE: A student must make a satisfactory attempt of the assessment tasks set out for this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction and fundamentals of land ownership	Lecture (2 hr)
Week 01	Torrens 1 (elements; eConveyancing; indefeasibility)	Lecture (2 hr)
Week 02	Torrens 2 (assurance fund; unregistered interests; caveats; priority notices; sources of exceptions to indefeasibility)	Lecture (2 hr)
Week 02	Tutorial A: Fundamentals of land ownership & Torrens	Tutorial (2 hr)
Week 03	Torrens 3 (priorities between unregistered interests)	Lecture (2 hr)
Week 03	Torrens 4 (fraud exception to indefeasibility; personal equities; R-G’s power of correction; overriding statutes; volunteers)	Lecture (2 hr)
Week 04	Torrens 5 (fraud exception to indefeasibility; personal equities; R-G’s power of correction; overriding statutes; volunteers)	Lecture (2 hr)
Week 04	Tutorial B: Torrens	Tutorial (2 hr)
Week 06	Leases 1	Lecture (2 hr)
Week 06	Leases 2	Lecture (2 hr)
Week 07	Mortgages 1 and 2	Lecture (4 hr)
Week 07	Tutorial C: Leases and Mortgages	Tutorial (2 hr)
Week 09	Co-ownership 1	Lecture (2 hr)
Week 09	Co-ownership 2	Lecture (2 hr)
Week 10	Tutorial D: Co-ownership	Tutorial (2 hr)
Week 11	Easements, profits and profits à prendre 1	Lecture (2 hr)
Week 11	Easements, profits and profits à prendre 2	Lecture (2 hr)
Week 12	Covenants	Lecture (2 hr)
Week 12	Tutorial E: Easements, Profits and Covenants	Tutorial (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of live classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude bibliography; footnote numbers; footnote citation; cover page and include body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

You will need an up-to-date copy of the following statutes (online via Austlii or NSW Govt):

Prescribed text is Brendan Edgeworth, Butt’s Land Law (7th ed, 2017).

The Reading Guide which will contain the full list of readings will be posted on Canvas.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. Know the fundamental legal principles of key areas of land law and be able to apply that knowledge to typical and hypothetical land law problems
LO2. Understand the historical, social and economic context in which property rules operate so as to critically evaluate existing law
LO3. Articulate relevant legal principles and effectively communicate available arguments raised in the context of real property disputes, using appropriate sources to support those arguments
LO4. Apply knowledge creatively to develop innovative solutions to real-world property problems

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

Changes were made to the assessment regime

Additional information

Resources - Sydney Law Students

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5012: Real Property

Semester 2, 2021 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect