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SUBJECT OUTLINE 70317 Real Property Course area

UTS: Law

Delivery

Autumn 2021; City

Credit points 8cp 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.

Result type

Grade and marks

Subject coordinator Shaunnagh Dorsett Position: Distinguished Professor Email: [email protected]

Teaching staff Maria Abertos Position: Lecturer Campus: Haymarket Email: [email protected]

Subject 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 09/02/2021 (Autumn 2021)

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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 09/02/2021 (Autumn 2021)

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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. All tutorials will be delivered face to face, except for tutorials 3 and 7, (Tuesday 10:30 am and Thursday 7:00pm) which will be taught via Zoom. In accordance with the University's health and safety requirements, these classes will be for 90 minutes. 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: Tenures and Estates and Native Title. Co-ownership. Torrens Title and the concept of indefeasibility. Priorities between unregistered competing interests under Torrens Title. Mortgages. Formalities. Easements. Covenants. Leases. Strata Title.

Program Week/Session

Dates

Description

1

22 February 2021

PreparationStudents must be familiar with the Subject Outline (available on Canvas) before the first lecture. Students should very carefully read all the material in the Getting Started Module on Canvas. We will assume you are familiar with this material. In addition, students in this subject are required to undertake the Avoiding

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Plagiarism Unit. This is on Canvas. it is strongly suggested that students undertake this in Week 1. Please note that unless you have successfully completed this unit you will not be able to complete the first assessment item.

2

1 March 2021

PRE-RECORDED LECTURE Topic 1: Tenures and Estates; Native Title

3

8 March 2021

PRE-RECORDED LECTURE Topic 2: Torrens Title I Notes: Note that Assessment Task 1 is due this week. Please carefully read the requirements under 'Assessment Tasks' in this subject outline AS WELL AS the task specific instructions on Canvas. Note: Students who have not completed the Avoiding Plagiarism Unit will be unable to complete the first assessment task and will be prevented from submitting subsequent assessment tasks for this subject.

4

15 March 2021

PRE-RECORDED LECTURE Topic 3 : Torrens Title II TUTORIAL 1 Tenure, Estates and Introduction to Torrens Title Notes: The first Pre-preparation tutorial problem is due this week. Please carefully read the requirements under 'Assessment Tasks' in this subject outline AS WELL AS the task specific instructions on Canvas.

5

22 March 2021

PRE-RECORDED LECTURE Topic 4: Mortgages

6

29 March 2021

PRE-RECORDED LECTURE Topic 5: Co-ownership TUTORIAL 2 Torrens Title

5 April 2021

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7

12 April 2021

PRE-RECORDED LECTURE Topic 6: Leases TUTORIAL 3 Mortgages

8

19 April 2021

PRE-RECORDED LECTURE Topic 7: Easements TUTORIAL 4 co-ownership

9

26 April 2021

PRE-RECORDED LECTURE Topic 8: Covenants TUTORIAL 5 Leases

10

3 May 2021

PRE-RECORDED LECTURE Topic 9: Strata TUTORIAL 6 Easements

11

10 May 2021

TUTORIAL 7 Covenants

12

17 May 2021

No classes.

26 October 2020

Final StuVac Week

Additional information U:PASS (UTS Peer Assisted Study Success) is a voluntary “study session” where you will be studying the subject with other students in a group. It is led by a student who has previously achieved a distinction or high distinction in that subject, and who has a good WAM. The leader will typically prepare questions for you to work on, or if you have specific questions or things you’re not clear on, you can bring them along, and the leader will get the group to work on that. It’s really relaxed, friendly, and informal. Because the leader is a student just like you, they understand what it’s like to study the subject and how to do well, and they can pass those tips along to you. Students also say it’s a great way to meet new people and a “guaranteed study hour”. You can sign up for U:PASS sessions in My Student Admin https://onestopadmin.uts.edu.au/. You will find it listed in the area where you sign up for lectures, tutorials, etc. Note that sign up is not open until week 1, as it’s voluntary and only students who want to go should sign up. Note that you don’t have to be struggling in the subject to attend U: PASS – frequently students who are already doing well will do even better after attending U:PASS. If you have any questions or concerns about U:PASS, please contact Georgina at [email protected] or check out the website: http://www.ssu.uts.edu.au/peerlearning/index.html

Assessment Assessment task 1: Real Property Concepts and Practice

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Objective(s): This task addresses the following subject learning objectives: 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:

10%

Task:

Students work through an online video module specifically developed for this subject concerning documents for tenures, estates and an introduction to Torrens Title. Students then undertake a multiple-choice on-line quiz that tests their understanding. All related material from Modules 1 and 2 is examinable.

Due:

Friday 12 March 2021 at 4:00pm.

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

Further Information about completing this assessment task can be found on Canvas under 'Assignments'. information: Failure to complete this task on time will result in a mark of 0 for the Assessment task. Note: To complete this Assessment Task you will need to have completed the Avoiding Plagiarism Unit on Canvas. Failure to complete that unit will prevent you from being able to attempt this Assessment Task and will prevent you from submitting future assessments.

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%

Task:

Pre-preparation will be undertaken on provided worksheets. These are available on Canvas. Each submission will be given a mark out of 6 and a final mark out of 30 will be given based on the best 5 out of 7 (or the number undertaken) answers submitted. In order to be eligible for a mark for any worksheet students must: 1) Submit the worksheet via Turnitin by 9:00am on Tuesday of the relevant tutorial week. Note this will be before your tutorial. If the worksheet is submitted after this time the student will not be eligible for a mark for that week's tutorial; and

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2) Attend the tutorial in which they are enrolled. At this tutorial you will also hand in your answer in hard copy. Failure to do so will mean that your answer will not be marked. You must attend the tutorial in which you are enrolled. You may only attend a different tutorial with the prior permission of the Subject Coordinator. If you attend a tutorial in which you are not enrolled without the prior permission of the Subject Coordinator you will not be eligible for a mark for that tutorial. For those online students enrolled in either of the online zoom tutorials (Tutes 3 and 7) you must submit your worksheet as via Canvas. However, your marks will be available on Turnitin. You will be required to attend the online workshop to be eligible for a mark for that week's tutorial. Attendance will be taken. This means we will require video confirmation of your attendance. These rules will be strictly applied from the outset. Length: Answers are limited to 600 words. This means you will need to carefully craft your answers. Be sure you are happy with your answer before you submit to Turnitin. There are no multiple submissions. Feedback will be given on the pre-preparation problem at the tutorial. There will be no written feedback on your worksheets. Worksheets will be marked and a hard copy returned to students in the following workshop. The Turnitin portal for submissions will open on the Fridays previous to the relevant tutorials at 9:00am and close at 9:00am on Tuesday of the relevant tutorial week. Length:

as above.

Due:

Via Turnitin by 9:00am of the Tuesday of the relevant tutorial week and in hard copy in all tutorials conducted in face to face mode.

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

Further Students must undertake the pre-preparation on the worksheets provided on Canvas. An assessment information: briefing sheet with further information about this assessment task is available via Canvas.

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:

60%

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Task:

A final open book examination. This may be take-home depending on Covid rules. More information will be given closer to the examination date. The exam has several focuses. First, we will be examining students’ understanding of the real property doctrines examined in the second part of the semester (mortgages, co-ownership, leases, easements, and restrictive covenants). Second, as a significant focus of the tutorial program is the skills of critical analysis and problem solving, we will specifica...