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Unit outline_

LAWS5012: Real Property

Semester 2, 2024 [Normal day] - Camperdown/Darlington, Sydney

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
Corequisites
? 
None
Prohibitions
? 
LAWS2017
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Patricia Lane, patricia.lane@sydney.edu.au
The census date for this unit availability is 2 September 2024
Type Description Weight Due Length
Supervised test
? 
In-semester test (50%)
Open book test
50% Week 06
Due date: 03 Sep 2024 at 10:00
2 hours
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment Final Assignment (50%)
Assignment
50% Week 13
Due date: 01 Nov 2024 at 23:00

Closing date: 15 Nov 2024
2500 words / 7 weeks
Outcomes assessed: LO1 LO4 LO3 LO2

Assessment summary

In-semester test (50%): The in-semester test will be a "pen and paper" exam. It will be "open book". It will be 2 hours in duration with an additional 30 minutes reading time. It will take place at 10.00 am on 3 September 2024. It will consist of two questions. It will cover the material up to and including Week 5.

Students should show that they understand the relevant principles and their application, having regard to the unit of study 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.

Final Assignment (50%): This assessment covers the whole unit of study. The assignment question will be posted by 23.59 on 9 September 2024. The assessment must be submitted online no later than 23.00 on Friday 1 November 2024 (Sydney, Australia time). 

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 that 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 assignment is strictly 2,500 words, including all references. See below for penalties for exceeding this limit.

Students must retain pre-submitted drafts of their assignment in order to demonstrate compliance with Academic Integrity requirements.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Use of editors or proof-readers: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.  

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 1 mark for every 100 words, or part thereof, over the limit. This limit is strict – there is no tolerance.  The total word count for essay and other written assessments will include all referencing. Referencing must be in AGLC4.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (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. 

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, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 11pm but before the same time the following day will attract a 10% penalty. Penalties for late submission will be applied strictly, subject to a 5 minute grace period. Late penalties do not apply to exams and tests and any late submission will not be accepted.

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.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 Native title - the intersection of two systems Independent study (2 hr) LO1 LO2 LO4
Introduction and fundamentals of land ownership Lecture (2 hr) LO1 LO2 LO3 LO4
Torrens 1 (elements; eConveyancing; indefeasibility) Lecture (2 hr) LO1 LO2 LO3 LO4
Week 02 Torrens 2 (assurance fund; unregistered interests; caveats; priority notices; sources of exceptions to indefeasibility) Lecture (2 hr) LO1 LO2 LO3 LO4
Tutorial A: Fundamentals of land ownership & Torrens Title Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 03 Torrens 3 (priorities between unregistered interests) Lecture (2 hr) LO1 LO2 LO3 LO4
Torrens 4 (fraud exception to indefeasibility; personal equities; R-G’s power of correction; overriding statutes; volunteers) Lecture (2 hr) LO1 LO2 LO3 LO4
Week 04 Torrens 5 (fraud exception to indefeasibility; personal equities; R-G’s power of correction; overriding statutes; volunteers) Lecture (2 hr) LO1 LO2 LO3 LO4
Tutorial B: Torrens Title Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 05 Leases 1 Lecture (2 hr) LO1 LO2 LO3 LO4
Leases 2/ Mortgages 1 Lecture (2 hr) LO1 LO2 LO3 LO4
Week 07 Mortgages 2 Lecture (2 hr) LO1 LO2 LO3 LO4
Tutorial C: Leases and Mortgages Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 08 Co-ownership 1 Lecture (2 hr) LO1 LO2 LO3 LO4
Co-ownership 2 Lecture (2 hr) LO1 LO2 LO3 LO4
Week 09 Co-ownership 3 Lecture (2 hr) LO1 LO2 LO3 LO4
Tutorial D: Co-ownership Tutorial (2 hr) LO1 LO2 LO3 LO4
Week 11 Easements, profits and profits à prendre 1 Lecture (2 hr) LO1 LO2 LO3 LO4
Easements, profits and profits à prendre 2 Lecture (2 hr) LO1 LO2 LO3 LO4
Week 12 Covenants Lecture (2 hr) LO1 LO2 LO3 LO4
Tutorial E: Easements, Profits and Covenants Tutorial (2 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment. 

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. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

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 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.

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

The learning activities include an independent learning activity in Week 1.

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.