University of Technology Sydney

70317 Real Property

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: Law
Credit points: 8 cp
Result type: Grade and marks

Requisite(s): 70211 Contracts AND 70311 Torts AND 70327 Introduction to Property and Commercial Law
These requisites may not apply to students in certain courses. See access conditions.

Description

This subject introduces students to the law and practice of real property. It examines the core doctrines and interests in land that underpin property transactions in New South Wales. The subject emphasises practice-oriented education through consideration of the relationship between real property and other allied subjects; by connecting the doctrine and practice of real property to the bureaucratic practices of property transactions; and by its emphasis on problem-solving skills.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Analyse the framework of contemporary real property law; its key legal doctrines and the implications of the relationships between them.
2. Relate the basic doctrines of real property to the ways in which property is identified and transacted in practice.
3. Reflect, evaluate and improve their core skills in real property case analysis.
4. Evaluate the relative merits of different legal doctrines and strategies in assessing, advising and responding to simulated ‘real world’ legal scenarios.
5. Analyse and monitor their own performance and implement strategies for developing their self-management, particularly time-management.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including:
    a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
    b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
    c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
    d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including the ability to:
    a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate responses;
    c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
    d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
  • Communication
    Effective and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to communicate to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. An ability to assess how messages are received and alter communication strategies accordingly; and
    e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
  • Collaboration
    Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
    a. An ability to give and receive feedback;
    b. Appropriate professional and interpersonal skills in working collaboratively;
    c. A capacity to develop strategies to successfully negotiate group challenges; and
    d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
  • Self management
    The ability to implement appropriate self-management and lifelong learning strategies including:
    a. An ability to undertake and initiate self-directed work and learning;
    b. Well-developed judgment and responsibility as a legal professional in a broader social context;
    c. The ability to support personal and professional development by:
    (i). Reflecting on and assessing their own capabilities, wellbeing and performance;
    (ii). Making use of feedback as appropriate;
    (iii). Identifying and accessing appropriate resources and assistance; and
    (iv). Making use of resources and support in developing resilience; and
    d. A capacity to adapt to and embrace change and a commitment to ongoing learning. (LAW.8.1)

Teaching and learning strategies

Strategy 1 Preparation:

Students will be encouraged and supported to undertake independent study. This will aid with the acquisition of core knowledge and the key graduate attribute of self-management. Students will be expected to engage in a range of activities before classes which will assist them to engage more deeply with the core knowledge in the subject, and to apply it in practice-based scenarios.

Preparation activities include:

  • Engage with the set topic materials prior to attending class, in particular reading and analysing the identified cases.
  • Prepare tutorial questions including legal problems before tutorials in order to facilitate understanding of the issues. Students are required to prepare their answers to all tutorial problems on each topic prior to the tutorial and to demonstrate this by the quality through the quality of the pre-prepared answers (see Assessment Task 2) and the quality of their participation in class discussion of the problems.
  • Scaffolded, self-paced learning exercises, including a video/quiz module which aids students to understand the connection between basic doctrines of real property and the practice of property law.
  • Students are also encouraged to undertake both independent and group study to prepare for Assessment tasks.

A study guide that incorporates topic materials (readings and links to other on-line resources), tutorial questions and legal problems is available to students on Canvas

Strategy 2 Active Learning: Students will interact with lecturers and other students on campus during lectures and tutorials. In both of these formats students will be provided with opportunities to improve their skills of critical analysis and problem solving through the use of scaffolded activities, flipped exercises, ‘breakout sessions’ and group problem solving sessions. These enable students to practice Assessment items encourage students to undertake both independent and group study and to applying their analytical and doctrinal skills to the practice-orientated problems they will encounter in assessments.

Strategy 3 Collaborative learning: Students will engage in learning with their peers through a number of fora: tutorials buzz groups and breakout sessions. Students collaborate to develop their critical thinking and core legal skills of primary source analysis, and to apply these skills to practice-based scenarios.

Strategy 4 Feedback: Feedback is given for assessment items (except the final exam) by means of a combination of generic class and student specific feedback. Feedback focuses not only on the right answer but also on the ways in which student could have better approached the various tasks and strategies for improvement on future tasks. We also offer formative, no-stakes tasks designed to provide ongoing feedback to students on their own performance. This takes place though pre-prepared questions, and by means of self-paced quizzes.

Subject Delivery

This subject is taught in mixed mode with a blend of online and face to face learning. There will be pre-recorded lectures available to students as per the program in the Subject Outline. Students have the option of enrolling in either a face to face or an online tutorial.

Recorded Lectures on Canvas

Lecture recordings will be made available for download from Canvas. Students may use these audio-tapes for private student purposes, and to avoid legal action, permission must be obtained from the Subject Coordinator for any other usage.

Content (topics)

This subject examines land law in New South Wales. The topics to be covered are:

  • Land and Fixtures
  • Tenure and Estates; and Native Title
  • Torrens Title, eConveyancing and Indefeasibility
  • Formalities
  • Priorities between competing interests
  • Co-ownership
  • Strata Title
  • Leases
  • Mortgages
  • Easements
  • Covenants

Assessment

Assessment task 1: Real Property Concepts and Practice

Objective(s):

This task addresses the following subject learning objectives:

2, 3 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1 and LAW.8.1

Weight: 20%
Length:

1 hour (2 x 30 minutes)

Criteria:
  • Accurately relate basic principles of real property to documents and processes
  • Identify and determine transactions for property documents used in practice
  • Reflect, evaluate and improve their core skills in property document analysis

Assessment task 2: Tutorial Preparation

Intent:

The capacity to evaluate a set of facts and solve legal problems is essential to being an effective lawyer. This task is designed to aid you to develop your ability to analyse a ‘real-world’ legal problem, to identify the relevant facts and law and to advice your client. Allied is the important skill of being able to provide succinct, to-the-point-answers to questions. The pre-preparation exercises are designed to help you to learn to properly structure the answer to a legal problem. Pre-preparation will also enable you to contribute more meaningfully to tutorials, and work to prepare you for the final exam.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 30%
Length:

as above.
Criteria:
  • Accurately identify legal issues posed in problem-based questions;
  • Accurately identify matters relevant to answering short-answer questions;
  • Identify appropriate legal principles
  • Identify relevant facts;
  • Provide an appropriate structure for answering questions;
  • Reflect, evaluate and improve the core skills of legal analysis;
  • Make informed choices as to how best to manage the task within time-limits

Assessment task 3: Final Exam

Intent:

Examine students’ understanding of the real property doctrines and critical analysis and problem solving skills.
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 50%
Length:

2 hours (in a 3 hour window)
Criteria:
  • Identifies relevant issues (and ignores irrelevant issues);
  • Identification of the correct legal principles applicable to the question;
  • Identification of the relevant facts;
  • Identification of the relevant legal principles;
  • Application of relevant facts to relevant law;
  • Appropriate advice provided to client or appropriate conclusion to the question; and
  • Clear and logical structure and communication in answers and advice

Minimum requirements

Completing the Avoiding Plagiarism tutorial and quiz on Canvas is a minimum requirement in this subject. Failure to pass the quiz means that you will fail the subject irrespective of successful completion of the assessment tasks in the subject. The pass mark for the quiz is 80%. It must be completed BEFORE the submission of your first assessment piece. If you do not complete the quiz by this timeframe, you will be prevented from submitting your first assessment task online. If this results in a late submission of your first assessment task, late penalties will apply.

This quiz mark is not included in the final subject mark. You are able to make multiple attempts of the quiz until you achieve 80% or more.

You MUST access the tutorial and quiz via the Avoiding Plagiarism tab through your Canvas subject site. Do NOT access the quiz via the Quick Links menu on the Canvas homepage. If you complete the quiz via this link, your mark will not be recorded on MyGrades and you will be required to re-attempt the quiz.

Required texts

  • Brendan Edgeworth, Butt's Land Law (7th ed, Lawbook Co. 2017) - The Library has 9 copies of the ebook available for free at any one time.
  • Conveyancing Act 1919 (NSW)
  • Real Property Act 1900 (NSW)

Recommended texts

  • Hossein Esmaeili and Brendan Grigg, The Boundaries of Australian Property Law (Cambridge University Press, 2016)
  • Karena Viglianti-Northway, Understanding Real Property Law (Lexis Nexis, 2015)

Other resources

Other Materials: Reports, Journals and General References UTS:Law Guide to Written Communication:

UTS Library:

The UTS Library has a wide range of services and resources that you will find useful, including law reports, law journals, textbooks, and access to online resources at www.lib.uts.edu.au. Relevant materials in this subject may also be available on Closed Reserve, which is a special borrowing service that allows you to use the material for two hours or overnight, to ensure the materials are available to many students. Materials on closed reserve are listed in the library catalogue by Subject and Subject Coordinator. Contact the Law Librarian on 9514 3341.

Canvas:

This subject has a Canvas site ( http://online.uts.edu.au/). The site may include announcements made in lectures, copies of lecture overheads/slides, and clarifications of administrative and assignment matters. It is the responsibility of students in this subject to ensure they are registered on Canvas for this subject, and regularly check Canvas for announcements. If you have difficulty accessing Canvas call the ITD Helpdesk on 9514 2222 or e-mail help.desk@uts.edu.au.

UTS Rules:

Students are instructed to read the Rules of the University, especially in relation to the course they are enrolled in. The Rules are published in the UTS Calendar. The Calendar can be viewed at the UTS Library or on the UTS website: http://www.gsu.uts.edu.au/rules/index.html.

It is the responsibility of the student to ensure that all course requirements are met. The staff of the Faculty’s Law Information Office is available to answer any inquiries students may have.

Helpful links: