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  2. Property Law II [LAW2312]

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Property Law II

  • Unit Code

    LAW2312

  • Year

    2019

  • Enrolment Period

    1

  • Version

    2

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

  • Unit Coordinator

    Dr William (Rupert) JOHNSON

Description

This unit further examines property law as it applies to real and personal property with particular focus on the interest in land. The role of encumbrances, including mortgages, leases, and land use planning by restrictive covenants, and easements in real property will be examined in detail. The nature of property ownershipwill be evaluated with particular regard to co-ownership.

Prerequisite Rule

Students must pass 1 units from LAW2102

Learning Outcomes

On completion of this unit students should be able to:

  1. Demonstrate a knowledge of the rights, obligations and liabilities which arise from the relationship of landlord and tenant, licensor and licensee, mortgagor and mortgagee, and concurrent ownership.
  2. Explain the nature of and interests arising by virtue of freehold covenants, easements and profits a prendre.
  3. Apply the current law in answers to practical problems to demonstrate an understanding of the relevant principles of property law.
  4. Analyse and apply law of retail tenancies to generate a legal solution which anticipates challenges.
  5. Work collaboratively with each other and with students from final year to produce the best possible outcome for a hypothetical client.

Unit Content

  1. The evolution of the law, rules, and current and future challenges in the following subject areas.
  2. Concurrent ownership.
  3. The Acquisition and transfer of proprietary interests in chattels.
  4. Leases and Licences.
  5. Mortgages.
  6. Freehold Convenants.
  7. Easements and Profits a prendre.

Additional Learning Experience Information

This unit will be offered in the on-campus and off-campus modes. The on-campus mode will involve a contact commitment of two hours of lectures and one hour of tutorial per week for one semester. Off-campus students will access the unit online via Blackboard. Regular online access is required. Some online tutorials will make use of technology that requires participants to use a headset with microphone. Assessment in the unit requires students to apply researched legal principles to complete simulated workplace tasks. All written work is required to demonstrate professionally appropriate language skills. Tutorials consist of factual scenarios where students will be guided through how to identify issues and generate legal solutions. Students will be encouraged to debate proffered solutions and guided in how to frame their arguments to head off opposing views. A simulated collaborative learning exercise will be undertaken. Students will be grouped with students from this unit and with students studying Civil Procedure II LAW4614. Students in this unit will be required to prepare a brief which will form the basis of a drafting exercise for Civil Procedure students.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial Participation10%
AssignmentTeam Assignment15%
AssignmentMajor Assignment25%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
ParticipationTutorial Participation10%
AssignmentTeam Assignment 15%
AssignmentMajor Assignment25%
ExaminationFinal Examination50%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2312|2|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Property Law II

  • Unit Code

    LAW2312

  • Year

    2019

  • Enrolment Period

    2

  • Version

    3

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

  • Unit Coordinator

    Dr William (Rupert) JOHNSON

Description

This unit further examines property law as it applies to real and personal property with particular focus on the interest in land. The role of encumbrances, including mortgages, leases, and land use planning by restrictive covenants, and easements in real property will be examined in detail. The nature of property ownershipwill be evaluated with particular regard to co-ownership.

Prerequisite Rule

Students must have passed LAW2102

Learning Outcomes

On completion of this unit students should be able to:

  1. Explain the rights, obligations and liabilities which arise from the relationship of landlord and tenant, mortgagor and mortgagee, and concurrent ownership.
  2. Explain the nature of and interests arising by virtue of freehold covenants, easements and profits a prendre.
  3. Apply the current law in answers to practical problems to demonstrate an understanding of the relevant principles of property law.
  4. Analyse and apply law of retail tenancies to generate a legal solution which anticipates challenges.
  5. Work collaboratively with each other and with students from final year to produce the best possible outcome for a hypothetical client.

Unit Content

  1. Concurrent ownership.
  2. The Acquisition and transfer of proprietary interests in chattels.
  3. Leases and Licences.
  4. Mortgages.
  5. Freehold Covenants.
  6. Easements and Profits a prendre.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

JoondalupMount LawleySouth West (Bunbury)
Semester 213 x 2 hour lectureNot OfferedNot Offered
Semester 213 x 1 hour tutorialNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

Lectures are used to to introduce the central concepts of this unit and to guide students through key legal materials. Students have the opportunity to discuss and apply unit content and materials, present ideas and solutions through tutorial activities, analyse situations and outcomes in groups, and to develop critical perspectives from written sources.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationTutorial Participation10%
AssignmentTeam Assignment15%
AssignmentMajor Assignment25%
ExaminationFinal Examination50%
ONLINE
TypeDescriptionValue
ParticipationTutorial Participation10%
AssignmentTeam Assignment 15%
AssignmentMajor Assignment25%
ExaminationFinal Examination50%

Core Reading(s)

  • Moore, A., Grattan, S., & Griggs, L. (2015). Australian real property law (Vol. 6th, pp. 1–1065). Pyrmont: Thomson Reuters (Professional) Australia Pty Limited. Retrieved from https://ecu.on.worldcat.org/oclc/930082522
  • Edgeworth, B., Rossiter, C. J., & Stone, M. A. (2004). Sackville and Neave property law: Cases and materials. (7th ed.). Chatswood, NSW: LexisNexis Butterworths. Retrieved from https://ecu.on.worldcat.org/oclc/59268154?databaseList=638

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2312|3|2