16641 Property Rights and Landlord Tenant Law
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 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 16467 Built Environment Law and Ethics
These requisites may not apply to students in certain courses. See access conditions.
Description
This subject provides students with an overview of the major areas of property law including the Torrens system, co-ownership, leasing, mortgages, easements and native title.
Subject learning objectives (SLOs)
On successful completion of this subject, students should be able to:
| 1. | Apply informed sound legal and ethical judgements in professional contexts. |
|---|---|
| 2. | Understand culturally diverse contexts including indigenous perspectives of property in Australia. |
| 3. | Apply knowledge of legal principles in property law. |
| 4. | Engage in critical and reflective thinking. |
| 5. | Source, evaluate and use legal principles to solve problems. |
Contribution to the development of graduate attributes
The term CAPRI is used for the five Design, Architecture and Building faculty graduate attribute categories where:
C = communication and groupwork
A = attitudes and values
P = practical and professional
R = research and critique
I = innovation and creativity.
Course intended learning outcomes (CILOs) are linked to these categories using codes (e.g. C-1, A-3, P-4, etc.).
Teaching and learning strategies
Lectures
Each week will consist of a 2-hour lecture that is pre-recorded. Students can assess each lecture recording on Canvas.
Students should listen the lecture a week in advance of the corresponding tutorial.
Tutorials
There is a 1-hour tutorial each week. There are two times when the tutorials are offered. Please only select one time to attend. Tutorials will offered each week at 6pm to 7pm and at 7pm to 8pm. For the sake of clarity, you only need to attend one 1-hour tutorial per week, and not both of them.
Tutorials will be delivered as a mixture of online classes and face-to-face classes. These will alternate, so the first week is face-to-face, the second week is online, the third week is face-to-face, the fourth week is online, etc.
Online tutorials can be accessed via Canvas. Due to privacy issues, tutorials are not recorded.
Room location for face-to-face classes will be posted online in advance of Week 1. Please ensure that you locate the correct room for your tutorial.
The tutorial dates and times (with mode of teaching and group allocation) is set out as follows:
Week Tutorial Times Tutorial Dates Mode
Week 1 6pm to 7pm and 7pm to 8pm Thursday 8 August 2024 Face-to-face
Week 2 6pm to 7pm and 7pm to 8pm Thursday 15 August 2024 Online
Week 3 6pm to 7pm and 7pm to 8pm Thursday 22 August 2024 Face-to-face
Week 4 6pm to 7pm and 7pm to 8pm Thursday 29 August 2024 Online
Week 5 6pm to 7pm and 7pm to 8pm Thursday 5 September 2024 Face-to-face
Week 6 6pm to 7pm and 7pm to 8pm Thursday 12 September 2024 Online
Week 7 6pm to 7pm and 7pm to 8pm Thursday 19 September 2024 Face-to-face
Week 8 6pm to 7pm and 7pm to 8pm Thursday 26 September 2024 Online
STUVAC - No Class
Week 9 6pm to 7pm and 7pm to 8pm Thursday 10 October 2024 Face-to-face
Week 10 6pm to 7pm and 7pm to 8p, Thursday 17 October 2024 Online
Week 11 6pm to 7pm and 7pm to 8pm Thursday 24 October 2024 Face-to-face
Week 12 6pm to 7pm and 7pm to 8pm Thursday 31 October 2024 Online
Content (topics)
- Introduction to Australian property Law
- The concept of land
- Fixtures, encroachment and building on the land of another
- Ownership, co-ownership, possessory title and perpetuities
- Old system title and Torren title
- Torrens title (continued)
- Easements and covenants
- Leases and mortgages
- Sale and development of land
- Strata title
- Native title
- Revision
Assessment
Assessment task 1: Quiz on the principles of real property
| Intent: | The quiz in this subject test students' understanding of the principles of real property covered in the subject. | ||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 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.): .1, .2, .3 and .6 | ||||||||||||||||||||||||||||
| Type: | Quiz/test | ||||||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||||||
| Weight: | 20% | ||||||||||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 2: Short Problem Questions
| Intent: | The intent of this assessment item is to provide students with an opportunity to identify legal issues and apply the knowledge they acquire in the subject to contemporary issues in property law. | ||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 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.): .1, .1, .3, .3 and .6 | ||||||||||||||||||||||||||||
| Type: | Exercises | ||||||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||||||
| Weight: | 30% | ||||||||||||||||||||||||||||
| Length: | 1,500 words (inclusive of headings and sub-headings, but exclusive of footnotes) | ||||||||||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Assessment task 3: Long Problem Questions
| Intent: | The intent of this assessment item is to provide students with an opportunity to identify legal issues and apply the knowledge they acquire in the subject to contemporary issues in property law. | ||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 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.): .1, .1, .3, .3, .5 and .6 | ||||||||||||||||||||||||||||
| Type: | Exercises | ||||||||||||||||||||||||||||
| Groupwork: | Individual | ||||||||||||||||||||||||||||
| Weight: | 50% | ||||||||||||||||||||||||||||
| Length: | 2,000 words (inclusive of headings and sub-headings, but exclusive of footnotes) | ||||||||||||||||||||||||||||
| Criteria linkages: |
SLOs: subject learning objectives CILOs: course intended learning outcomes |
Minimum requirements
The DAB attendance policy requires students to attend no less than 80% of formal teaching sessions (lectures and tutorials) for each class they are enrolled in to remain eligible for assessment. Where this subject is delivered entirely online, students will be expected to comply with directions from the lecturer in participating in Online Forums and videoconferences.
Required texts
- Karena Viglianti-Northway, Understanding Real Property Law, 2015, LexisNexis. This text can be acquired online at the publisher’s website (i.e. LexisNexis) or at another re-seller website (e.g. Booktopia).
- Jurisprudentia, Property Law I, II and III (Student Guide Cards, Sydney, 2022). These Student Guide Cards are available at the publisher’s website (i.e. Jurisprudentia) at https://www.jurisprudentia.com.au/. Please note that there are no digit versions permitted of the Student Guide Cards. Any electronic (photo or scan or otherwise) or hard-copy (print, photocopy, reproduced or otherwise) made and/or communicated (via emailed, text or otherwise) of the Student Guide Cards is an offence under the Copyright Act.
Each of the following Acts is available free of charge online via: www.austlii.edu.au
Conveyancing Act 1919 (NSW)
Real Property Act 1900 (NSW)
Native Title Act 1993 (Cth)
Additional resources:
Retail Leases Act 1994 (NSW)
Residential Tenancies Act 2010 (NSW)
Strata Schemes Development Act 2015 (NSW)
Strata Schemes Management Act 2015 (NSW)
Retirement Villages Act 1999 (NSW)
Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law)
Recommended texts
Will be recommended in lectures and via UTS online where appropriate.
References
Any materials (except the mandatory text) will be uploaded to Canvas. Students are responsible for checking Canvas regularly.
Other resources
UTS Coursework Assessment Policy and Procedure Manual: http://www.gsu.edu.au/policies/coursewkassess