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/ Diploma in Law /LEGAL PROFESSION
ADMISSION BOARD
/ /LAW EXTENSION COMMITTEE
LAW EXTENSION COMMITTEE SUBJECT GUIDE
05 REAL PROPERTY
WINTER SESSION 2016
This Guide includes the Law Extension Committee’s course information and teaching program and the Legal Profession Admission Board’s syllabus. The syllabus is contained under the heading “Prescribed Topics and Course Outline” and has been prepared in accordance with Rule 27H(a) of the NSW Admission Board Rules 2015.
Course Description and Objectives / 1Lecturer / 1
Assessment / 1-2
September 2016 Examination / 2
Lecture Program / 3
Weekend Schools 1 and 2 / 4
Texts and Materials / 5
Compulsory Assignment / 5-6
Assignment Questions / 6
Prescribed Topics and Course Outline / 6-15
LAW EXTENSION COMMITTEE
/WINTER 2016
05 REAL PROPERTY
COURSE DESCRIPTION AND OBJECTIVES
Real Property is concerned with the law relating to interests in land. Such interests are binding not only between those who have entered into a contractual relationship; they can also be binding between others. Examples include the mortgagor/mortgagee and landlord/tenant relationships and also the operation of easements and restrictive covenants between persons who own neighbouring blocks of land.
A major part of the course is devoted to priorities between competing interests in land. It is possible for a number of persons to have such competing interests. Common law rules and equitable principles are considered. The operation of statutes such as the Real Property Act is seen to be fundamental.
The objective of the course is to give students an understanding of the law of Real Property. Students are encouraged to develop problem-solving skills by applying the law to particular factual situations.
LECTURER
Professor Cameron Stewart, BEc, LLB (Hons) (Macq), GradDipJur (Syd), PhD (Syd)
Dr Stewart is a Professor at Sydney Law School and has interests in property law and equity, as well as health law. He is the co-author of Radan and Stewart, Principles of Australian Equity and Trusts, 2013; Radan, Stewart and Vickovich, Principles of Australian Equity and Trusts, Cases and Materials, 2014; Kerridge, Lowe and Stewart, Ethics and Law for the Health Professions, 2013; Stewart, Kerridge and Parker, The Australian Medico-legal Handbook, 2008; Radan, Stewart and Lynch, Equity and Trusts, 2nd ed. 2005.
ASSESSMENT
To be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and learning program, the first step of which is to ensure that you have registered online with the LEC in each subject for which you have enrolled with the Board. This gives you access to the full range of learning resources offered by the LEC.
To register with the LEC, go to www.sydney.edu.au/lec and click on the WEBCAMPUS link and follow the instructions. Detailed guides to the Webcampus are contained in the material distributed by the LEC, in the Course Information Handbook, and on the Webcampus.
Eligibility to Sit for Examinations
In accordance with the Legal Profession Admission Rules, the LEC must be satisfied with a student’s performance in a subject in order for the student to be eligible to sit for the examination, conducted by the Legal Profession Admission Board (LPAB). Assignments are used to assess eligibility.
Students are expected to achieve at least a pass mark of 50% in assignments to be eligible to sit for examinations. However, a category of “deemed eligible” has been introduced to offer students whose assignment mark is between 40-49% an opportunity to sit for the examination. In these circumstances students are often advised not to sit. A mark below 40% means a student is not eligible to sit for the examination.
Assignments as part of the Board’s Examinations
Assignment results contribute 20% to the final mark in each subject.
The Law Extension Committee (LEC) administers the setting and marking of assignments. The LEC engages the LPAB’s Examiners to assess or supervise the assessment of assignments.
Submission
Assignments must be received by 11:59pm on the due date unless an extension has been granted. Extensions must be requested by email prior to the due date. Specific supporting evidence must be provided. Assignments that are more than ten days late will not be accepted. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day.
Assessment
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments. Prior to the examination, assignments will be returned to students and results posted on students’ individual results pages of the LEC Webcampus. Students are responsible for checking their results screen and ascertaining their eligibility to sit for the examination.
Review
Where a student’s overall mark after the examination is between 40-49%, the student’s assignment in that subject will be included in the Revising Examiner’s review. The final examination mark is determined in accordance with this review. Assignment marks will not otherwise be reviewed.
SEPTEMBER 2016 EXAMINATION
Candidates will be expected to have a detailed knowledge of the prescribed topics:
Introduction to property; Common law and equity; Definition of land; Trespass; Fixtures; Old System Title; Torrens title; Co-ownership; Easements; Mortgages; Leases and Covenants.
Candidates will be expected to have studied the prescribed materials in relation to those topics, and to have analysed the cases referred to in the Law Extension Committee's course outline.
Please direct all enquiries in relation to examinations to the Legal Profession Admission Board.
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LECTURE PROGRAM
Lectures in Real Property will be held on Wednesdays from 6.00pm until 9.00pm. Lectures in the first half of the semester will be held in Carslaw Lecture Theatre 373 (CLT 373). Lecture venues for the second half of the semester have yet to be confirmed. For details as to the location of venues, refer to page 52 of the Course Information Handbook for a map of the University of Sydney main campus.
This program is a general guide. It may be varied according to need, including adjustments for longer or shorter semesters. Readings are suggested to introduce you to the material to be covered in the lecture, to enhance your understanding of the topic, and to encourage further reading. You should not rely on them alone.
LECTURE
/ TOPIC / KEY READING1
11 May / Introduction to property - definitions
Differences between real and personal property
Concepts of land; Natural rights; Boundaries / Butt, pages 7-37
2
18 May / Trespass
Fixtures
Trespass to land
The role of law and equity / Butt, pages 41-67, 107-125
3
25 May / The doctrines of tenures and estates
Fee simple, Fee tail, Life estate
Native title / Butt, pages 73-87, 97-107, 125-157, 973-1028
4
1 Jun / Priorities in Old System Title
Deeds Registration and Old System Title / Butt, pages 697-743
5
8 Jun / Introduction to Torrens System
Indefeasibility
Fraud
Exceptions to indefeasibility in s 42
Non s 42 Exceptions to indefeasibility / Butt, pages 743-762, 796-843
6
15 Jun / Caveats and unregistered interests
s 43A of the Real Property Act
Conversion into the Torrens System
Compensation in the Torrens System / Butt, pages 762-790, 843-853
Study Break: Friday 18 June – Sunday 3 July 2016
7
6 Jul / Co-ownership
Severance and ending co-ownership / Butt, pages 223-273
8
13 Jul / Leases / Butt, pages 275-391
9
20 Jul / Easements / Butt, pages 439-512
10
27 Jul / Freehold Covenants / Butt, pages 521-576
11
3 Aug / Mortgages / Butt, pages 577-696
12
10 Aug / Revision
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Weekend Schools 1 AND 2
There are two weekend schools primarily for external students. Lecture students may attend on the understanding that weekend schools aim to cover the same material provided in weekly lectures and are primarily for the assistance of external students.
It may not be possible to cover the entire course at the weekend schools. These programs are a general guide, and may be varied according to need. Readings are suggested to introduce you to the material to be covered in the lecture, to enhance your understanding of the topic, and to encourage further reading. You should not rely on them alone.
Weekend School 1
TIME
/ MAJOR TOPICS / KEY READINGSaturday 28 May 2016: noon – 4.00pm in Eastern Avenue Lecture Theatre (EALT)
12.15pm-1.25pm / Introduction to property - definitions
Differences between real and personal property
Concepts of land; Natural rights; Boundaries / Butt, pages 7-37
1.30pm-2.40pm / Trespass
Fixtures
Trespass to land
The role of law and equity / Butt, pages 41-67, 107-125
2.45pm-3.55pm / The doctrines of tenures and estates
Fee simple, Fee tail, Life estate
Native title / Butt, pages 73-87, 97-107, 125-157, 973-1028
Sunday 29 May 2016: noon – 4.00pm in Eastern Avenue Lecture Theatre (EALT)
12.15pm-1.25pm / Priorities in Old System Title
Deeds Registration and Old System Title / Butt, pages 697-743
1.30pm-2.40pm / Introduction to Torrens System
Indefeasibility
Fraud
Exceptions to indefeasibility in s 42
Non s 42 Exceptions to indefeasibility / Butt, pages 743-762, 796-843
2.45pm-3.55pm / Caveats and unregistered interests
s 43A of the Real Property Act
Conversion into the Torrens System
Compensation in the Torrens System / Butt, pages 762-790, 843-853
Weekend School 2
TIME
/ MAJOR TOPICS / KEY READINGSaturday 23 July 2016: noon – 4.00pm in Eastern Avenue Lecture Theatre (EALT)
12.15pm-1.25pm / Co-ownership
Severance and ending co-ownership / Butt, pages 223-273
1.30pm-2.40pm / Leases / Butt, pages 275-391
2.45pm-3.55pm / Easements / Butt, pages 439-512
Sunday 24 July 2016: noon – 4.00pm in Eastern Avenue Lecture Theatre (EALT)
12.15pm-1.25pm / Freehold Covenants / Butt, pages 521-576
1.30pm-2.40pm / Mortgages / Butt, pages 577-696
2.45pm-3.55pm / Revision
texts and materials
For the period from 21 April to 30 May 2016, LexisNexis is offering our students a special discount and free shipping on purchases made through the LexisNexis e-store at www.store.lexisnexis.com.au. Students quoting the promo code LECW2016 will receive a 15% discount on all text titles (except for those authored by John Carter). This discount is not limited to the prescribed or recommended texts for our courses. Students should, however, still compare LexisNexis’s discounted price with that of other outlets. The Co-op Bookshop, for example, offers a discount on texts sold to its members.
Course Materials
· Guide to Presentation and Submission of Assignments (available on the LEC Webcampus)
Prescribed Materials
· Butt, Land Law, 6th ed. Thomson Reuters, 2010
· Real Property Act 1900 (NSW)
· Conveyancing Act 1919 (NSW)
· Real Property and Conveyancing Legislation Amendment Act 2009
Reference Materials
· Bradbrook, McCallum Moore, Australian Real Property Law, 6th ed. Thomson Reuters, 2015
· Bradbrook, McCallum, Moore, Australian Property Law, Commentary and Materials, 4th ed. Thomson Reuters, 2011
· Gray and Edgeworth, Property Law in New South Wales, LexisNexis, 2012
· Edgeworth, Rossiter and Stone, Sackville and Neave, Property Law: Cases and Materials, 9th ed. LexisNexis, 2012
· Mackie, Histed and Page, Australian Land Law in Context, Oxford University Press 2012
· Moore, Real Property, 3rd ed. Oxford University Press, 2011
· Radan, Stewart and Lynch, Butterworths Tutorial Series – Equity & Trusts, 2nd ed. LexisNexis, 2005 (especially chapters 1-3, 6) (out of print – check Law Library)
· Radan and Stewart, Principles of Australian Equity and Trusts, 2nd ed. LexisNexis, 2012 (especially chapters 1-4, 7)
· Webb and Stephenson, Land Law, 3rd ed. LexisNexis, 2009
· Chambers, An Introduction to Property Law in Australia, 3rd ed. Thomson Reuters, 2013
LEC Webcampus
Once you have registered online with the LEC, you will have full access to the facilities of the Webcampus including the Course Materials section where you will find links to relevant cases and legislation.
COMPULSORY ASSIGNMENT
In Real Property, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. Students must submit the assignment by the due date. A pass mark is 50%. Refer to the Guide to the Presentation and Submission of Assignments for the assignment grading and assessment criteria. Students who fail to satisfy the compulsory requirements will be notified through the Results screen on the Webcampus before the examination period of their ineligibility to sit the examination in this subject. The assignment must not exceed 4 A4 pages of 1.5-spaced, 12 point font, Times New Roman. Leave a margin on both the left-hand and right-hand sides of the page of at least 30mm for comments.
The rules regarding the instructions on how to submit an assignment are set out in the LEC Guide to the Presentation and Submission of Assignments which can be accessed on the LEC Webcampus. Please read this guide carefully before completing and submitting an assignment.
Completed assignments should be lodged through the LEC Webcampus, arriving by 11:59pm on the following date:
ASSIGNMENT QUESTIONS
To obtain the Real Property assignment questions for the Winter Session 2016, please follow the instructions below:
1. Register online with the LEC (see page 26 of the Course Information Handbook for detailed instructions). Once you have registered, you will have access to all the facilities on the LEC Webcampus.
2. Go to the Course Materials section and click on the link to the assignment questions.
PRESCRIBED TOPICS AND COURSE OUTLINE
Defining Property
National Provincial Bank Ltd. v Ainsworth [1965] AC 1175
Milirrpum v Nabalco (1971) 17 FLR 141
Yanner v Eaton (1999) 201 CLR 351
Moore v Regents of the University of California (1990) 793 P 2d 479
Doodeward v Spence (1908) 6 CLR 406
Yearworth v North Bristol NHS Trust [2010] QB 1
Bazley v Wesley Monash IVF Pty Ltd (2011) 2 Qd R 207
Re Edwards (2011) 81 NSWLR 198
Fixtures
N H Dunn v L M Ericsson (1980) ANZ Conv R 300
Palumberi v Palumberi (1986) NSW ConvR 55-287
Holland v Hodgson (1872) LR 7 CP 328
Standard Portland Cement Co v Good (1982) 47 ALR 107
Webb v Frank Bevis [1940] 1 All ER 247
Leigh v Taylor [1902] AC 157
Spyer v Phillipson [1931] 2 Ch 183