1 x 2-hour workshop weekly
1 x 1-hour on-line exercises weekly
1 Admission into BLAWLPR-Bachelor of Laws and Legal Practice
1a Admission into BLAWLPRG-Bachelor of Laws and Legal Practice (Graduate Entry)
1b Admission into BLAWLPRH-Bachelor of Laws and Legal Practice (Honours)
1c Admission into BLAWLPRGH-Bachelor of Laws and Legal Practice (Graduate Entry) (Honours)
1d Admission into BLAWSH-Bachelor of Laws (Honours)
1e Admission into BLAWS-Bachelor of Laws
1f Admission into BLLAW-Bachelor of Laws
1g Admission into BLLAWH-Bachelor of Laws (Honours)
1h Admission into BLLAWFP-Bachelor of Laws - City Campus
1i Admission into BLLAWHFP-Bachelor of Laws (Honours) - City Campus
1j Admission into CLAWBU-Bachelor of Laws/Bachelor of Business - City Campus
1k Admission into CLAWIR-Bachelor of Laws/Bachelor of International Relations and Political Science - City Campus
1l Admission into CLAWIT-Bachelor of Laws/Bachelor of Information Technology - City Campus
1m Admission into CLAWAC-Bachelor of Laws/Bachelor of Accounting - City Campus
1n Admission into CLAWCR-Bachelor of Laws/Bachelor of Criminology - City Campus
1o Admission into CLAWHIR-B Laws (Hons)/B Intl Relations and Political Science
1p Admission into CLAWHIT-B Laws (Hons)/B Information Technology
1q Admission into CLAWHAC-B Laws (Hons)/B Accounting
1r Admission into CLAWHCR-B Laws (Hons)/B Criminology
1s Admission into CLAWHBU-B Laws (Hons)/B Business
2 1 of LLAW1311, LLAW1213
3 1 of LLAW1312, LLAW1211
4 1 of LLAW2313, LLAW2214
Must Satisfy: ((1 or 1a or 1b or 1c or 1d or 1e or 1f or 1g or 1h or 1i or 1j or 1k or 1l or 1m or 1n or 1o or 1p or 1q or 1r or 1s) and 2 and 3 and 4)
Enrolment not permitted
LLAW3221 has been successfully completed
Assignment(s), Examination(s), Online quizz(es), Test(s)
Topic description
This topic will introduce students to fundamental principles of real property law, particularly the Torrens system in Australia. It provides knowledge of the nature of various proprietary interests in land, their creation and enforceability at law and equity. The topic covers statutory schemes and registration for land under Torrens system, and common law principles relating to general land law. The topic includes a variety of subjects, such as:

  • The doctrines of tenure and estates, and the concepts of legal and equitable interests in land

  • The principles of Torrens system of title, including statutory schemes of registration, creation and enforceability of proprietary interests in land (including land owned by another), the nature of indefeasibility, exceptions to indefeasibility and priorities under the Torrens system

  • Native title, boundaries to land, including fixtures, encroachment and ownership of minerals, and principles of land sale

  • Easements, restrictive covenants, leases and mortgages.
    Educational aims
    The topic aims to enable students to understand the:

    • Creation and enforceability of proprietary interests under the Torrens and general law systems, and statutory schemes of registration under the Torrens system

    • Principles by which ownership of land in South Australia under the Torrens System is established

    • Doctrines of tenure and estates (including the division of ownership at any particular time and the division over time) and the nature of legal and equitable interests in land

    • Nature of private and public ownership of land in South Australia, including native title, range of proprietary interests in land; in particular, mortgages, easements, leases, and restrictive covenants.
    Expected learning outcomes
    On completion of this topic, students will be expected to be able to:

    1. Explain principles of the doctrines of tenure and estates under common law, and their significance in relation to land law in Australia

    2. Analyse the fundamental legal and equitable rules and principles relating to Torrens system, including rules with respect to creation and enforcement of legal and equitable interests in land

    3. Solve problems involving competing claims to these interests in a parcel of land

    4. Recognise the fundamental legal and equitable principles for the creation and enforcement of selected property interests in land (such as easements, mortgages, restrictive covenants, leases) under both common law and statutory provisions

    5. Discuss how such principles are used and applied in practice, by lawyers and courts, for settlement of disputes relating to interests in land

    6. Communicate their explanations coherently and persuasively in accordance with norms of legal reasoning and presentation practice

    7. Work independently to identify relevant practical legal issues relating to land interests and to locate sources of law.