University of Technology Sydney

17126 Property Transactions

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2024 is available in the Archives.

UTS: Design, Architecture and Building: School of the Built Environment
Credit points: 6 cp
Result type: Grade and marks

There are course requisites for this subject. See access conditions.

Description

This subject introduces students to the NSW legal framework as it applies to the ownership of personal property including intellectual property, real property (incorporating concepts of title, leasehold and mortgage other interests), conveyancing processes in NSW, and obtaining options to purchase. An overview of the law of contract with emphasis on construction contracts and joint venture agreements is also considered together with the law of negligence including liability for negligently given advice or certification and the operation of the statute of limitations. The subject further considers the manner in which local government building, planning and subdivision approvals are provided in NSW including mechanisms for appeal to the Land and Environment Court.

Subject learning objectives (SLOs)

On successful completion of this subject, students should be able to:

1. Appropriately apply the relevant legal framework to a range of tenure interests held in both real and personal property.
2. Demonstrate an understanding of the law of contract, both common and statute.
3. Research and demonstrate an understanding of legal source material and tenure titling and plan instruments.
4. Demonstrate knowledge of the Australian legal system (including the courts hierarchy and sources of law).
5. Critically reflect on how relevant laws will impact on daily practice in your chosen discipline.

Course intended learning outcomes (CILOs)

This subject also contributes to the following Course Intended Learning Outcomes:

  • Understand Indigenous perspectives and interpret legal frameworks relating to land use and ownership (A.3)
  • Effectively apply a variety of communication skills and technologies in professional contexts (C.1)
  • Demonstrate a theoretical and practical understanding of built environment law and procedures in a variety of property-related contexts (P.4)
  • Demonstrate knowledge of research principles and methods applicable to property development (R.1)

Teaching and learning strategies

Online learning activities will continuously reinforce the learning content for students throughout each week. The emphasis is on "learning by doing," and undertaking practical tasks and discussion forums on the various topics within this subject. Zoom sessions will provide hands on guidance through the major assignments.

Content (topics)

  • Contract Law
  • Torts
  • Classification of Property
  • Ownership / possession
  • Estates and interest in land
  • Title to land
  • Encumbrances
  • Mortgages
  • Leases
  • Business structures

Assessment

Assessment task 1: Property Tenure and Ownership

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 4

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

A.3 and P.4

Type: Quiz/test
Groupwork: Individual
Weight: 30%
Criteria linkages:
Criteria Weight (%) SLOs CILOs
Online Quiz 40 1 P.4
Online Quiz 40 2 P.4
Online Quiz 20 4 A.3
SLOs: subject learning objectives
CILOs: course intended learning outcomes

Assessment task 2: Legal Due Diligence Acquisition

Objective(s):

This task addresses the following subject learning objectives:

3, 4 and 5

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

C.1, P.4 and R.1

Type: Case study
Groupwork: Individual
Weight: 35%
Criteria linkages:
Criteria Weight (%) SLOs CILOs
Research and Report 40 3 R.1
Research and Report 40 5 C.1
Research and Report 20 4 P.4
SLOs: subject learning objectives
CILOs: course intended learning outcomes

Assessment task 3: Legal Due Diligence Disposal

Objective(s):

This task addresses the following subject learning objectives:

3, 4 and 5

This task also addresses the following course intended learning outcomes that are linked with a code to indicate one of the five CAPRI graduate attribute categories (e.g. C.1, A.3, P.4, etc.):

C.1, P.4 and R.1

Type: Case study
Groupwork: Individual
Weight: 35%
Criteria linkages:
Criteria Weight (%) SLOs CILOs
Research and Report 40 3 R.1
Research and Report 40 4 P.4
Research and Report 20 5 C.1
SLOs: subject learning objectives
CILOs: course intended learning outcomes

Minimum requirements

Students must achieve at least 50% of the subject’s total mark.