CQUniversity Unit Profile
PROP12002 Property Rights and Law
Property Rights and Law
All details in this unit profile for PROP12002 have been officially approved by CQUniversity and represent a learning partnership between the University and you (our student).
The information will not be changed unless absolutely necessary and any change will be clearly indicated by an approved correction included in the profile.
Corrections

Unit Profile Correction added on 17-02-22

Due to physical distancing requirements relating to the COVID-19 pandemic, invigilated exams have been replaced with an equivalent take-home exam.

General Information

Overview

Property economics is fundamentally concerned with the economic management of property rights. In this unit you will examine the general principles of property, property rights and real property law with a focus on Queensland and applications in other states as required. You will examine topics including: the nature of real and personal property; customary property rights; the bundle of rights approach to ownership; lesser bundles of rights such as leaseholds, easements, covenants, and mortgages; property rights registration systems; legal principles and practices related to the administration of property rights.

Details

Career Level: Undergraduate
Unit Level: Level 2
Credit Points: 6
Student Contribution Band: 10
Fraction of Full-Time Student Load: 0.125

Pre-requisites or Co-requisites

Prerequisite: LAWS11030 or LAWS19031 or LAWS11054 or (LAWS11057 and LAWS11059)

Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).

Offerings For Term 1 - 2022

Online

Attendance Requirements

All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).

Class and Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Class Timetable

Bundaberg, Cairns, Emerald, Gladstone, Mackay, Rockhampton, Townsville
Adelaide, Brisbane, Melbourne, Perth, Sydney

Assessment Overview

1. Written Assessment
Weighting: 50%
2. Examination
Weighting: 50%

Assessment Grading

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University’s Grades and Results Policy for more details of interim results and final grades.

Previous Student Feedback

Feedback, Recommendations and Responses

Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.

Feedback from Student evaluation comment

Feedback

'I loved the Richardson textbook. Its the first textbook that I have had that actually kept it short and succinct, and told me only what I needed to know.'

Recommendation

Seek further feedback on the use of the textbook. But initial feedback would imply that textbooks of this nature suit the teaching of property law.

Feedback from Student evaluation comment

Feedback

'It would had [been] great if we had more workshop sessions and interaction with the [lecturer]'

Recommendation

The structure and regularity of virtual classes to be considered. That said, other students have commented 'Thank you so much for being available when needed'.

Unit Learning Outcomes
On successful completion of this unit, you will be able to:
  1. Explain the nature and type of various proprietary rights in land
  2. Examine the creation of various proprietary interests in land and analyse their relative enforceability at law and in equity
  3. Formulate an informed decision by applying the relevant property rights principles and law arising out of an encountered fact situation
  4. Apply appropriate style and terminology to communicate effectively in the discipline.
Alignment of Learning Outcomes, Assessment and Graduate Attributes
N/A Level
Introductory Level
Intermediate Level
Graduate Level
Professional Level
Advanced Level

Alignment of Assessment Tasks to Learning Outcomes

Assessment Tasks Learning Outcomes
1 2 3 4
1 - Written Assessment - 50%
2 - Examination - 50%

Alignment of Graduate Attributes to Learning Outcomes

Graduate Attributes Learning Outcomes
1 2 3 4
1 - Communication
2 - Problem Solving
3 - Critical Thinking
4 - Information Literacy
5 - Team Work
6 - Information Technology Competence
7 - Cross Cultural Competence
8 - Ethical practice
9 - Social Innovation
10 - Aboriginal and Torres Strait Islander Cultures

Alignment of Assessment Tasks to Graduate Attributes

Assessment Tasks Graduate Attributes
1 2 3 4 5 6 7 8 9 10
1 - Written Assessment - 50%
2 - Examination - 50%
Textbooks and Resources

Textbooks

Prescribed

LawBrief: Property Law

Edition: 2 (2018)
Authors: Kristy Richardson
Thomson Reuters
Prymont Prymont , NSW , Australia
ISBN: 9780455241098
Binding: Spiral
Supplementary

AUSTRALIAN PROPERTY LAW: CASES, MATERIALS AND ANALYSIS

Edition: 4 (2018)
Authors: Samantha Hepburn
Lexis Nexis Butterworths
Sydney Sydney , NSW , Australia
ISBN: 9780409345650
Binding: Paperback
Supplementary

YOUR BUSINESS DEGREE

Edition: 2 (2014)
Authors: McCulloch / Reid
Pearson
Sydney Sydney , NSW , Australia
ISBN: 9781486006366
Binding: Paperback

IT Resources

You will need access to the following IT resources:
  • CQUniversity Student Email
  • Internet
  • Unit Website (Moodle)
  • Microsoft Office
Referencing Style

All submissions for this unit must use the referencing styles below:

For further information, see the Assessment Tasks.

Teaching Contacts
Kristy Richardson Unit Coordinator
k.richardson@cqu.edu.au
Steven Boyd Unit Coordinator
s.boyd@cqu.edu.au
Schedule
Week 1 Begin Date: 07 Mar 2022

Module/Topic

Concepts of Property

Chapter

As noted in the Study Guide 

Events and Submissions/Topic

Week 2 Begin Date: 14 Mar 2022

Module/Topic

Possession and Title and the Doctrine of Estates

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Week 3 Begin Date: 21 Mar 2022

Module/Topic

The Doctrine of Tenure and Native Title

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Week 4 Begin Date: 28 Mar 2022

Module/Topic

Adverse Possession and Fixtures

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Week 5 Begin Date: 04 Apr 2022

Module/Topic

The Torrens System

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Vacation Week Begin Date: 11 Apr 2022

Module/Topic

Chapter

Events and Submissions/Topic

Week 6 Begin Date: 18 Apr 2022

Module/Topic

Equitable and Unregistered Interests

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Week 7 Begin Date: 25 Apr 2022

Module/Topic

The Priority Rules and Alienation

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Week 8 Begin Date: 02 May 2022

Module/Topic

Co-Ownership

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Essay Due: Week 8 Wednesday (4 May 2022) 11:55 pm AEST
Week 9 Begin Date: 09 May 2022

Module/Topic

Leases

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Week 10 Begin Date: 16 May 2022

Module/Topic

Mortgages

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Week 11 Begin Date: 23 May 2022

Module/Topic

Easements

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Week 12 Begin Date: 30 May 2022

Module/Topic

Restrictive Covenants

Chapter

As noted in the Study Guide

Events and Submissions/Topic

Review/Exam Week Begin Date: 06 Jun 2022

Module/Topic

Chapter

Events and Submissions/Topic

Exam Week Begin Date: 13 Jun 2022

Module/Topic

Chapter

Events and Submissions/Topic

Term Specific Information

For end of term examinations Take-home exams have been incorporated. The temporary change from invigilated exams to take-home exams was supported by the accrediting body, the Australian Property Institute (API).

Assessment Tasks

1 Written Assessment

Assessment Title
Essay

Task Description

Part A - (30 marks)

This task consists of an essay of no more than 2,000 words using standard citation style addressing a topic that will be published on the unit Moodle site. The task gives students the opportunity to demonstrate critical thinking and understanding applied to an issue related to property law and then communicate that view through the academic mechanism of an essay.

Your essay should:

  • Adopt a position agreeing or disagreeing with this statement.
  • Identify, present, discuss and analyse notions of private property, ownership and possession.
  • Identify, present, discuss and analyse appropriate legal materials to support your argument.
  • Use the conventions of essay style (e.g. structure, referencing).

Part B - (15 Marks)

This task will focus on an analysis of a case involving property law. The task gives students the opportunity to demonstrate critical thinking and understanding applied to a practical issue in property law. It consists of reading a case that will be set in the Moodle site and answering a set of questions requiring short answers.


Part C - (5 marks)

This task asks you to reflect upon this unit and your personal experience of it. This is not a unit evaluation question but one that asks you to consider your approach to the unit and your learning. The details of the questions for reflection will be set out in the Moodle site for the unit.


Assessment Due Date

Week 8 Wednesday (4 May 2022) 11:55 pm AEST

To be submitted via Moodle


Return Date to Students

Week 10 Wednesday (18 May 2022)

To be returned via Moodle


Weighting
50%

Assessment Criteria

The assessment criteria for Part A includes knowledge, analysis & argument, writing style, presentation and referencing.

The assessment criteria for Part B is short answer response.

The assessment criteria for Part C is show answer response.

Full details of how these graded will found on the Moodle site.


Referencing Style

Submission
Online

Learning Outcomes Assessed
  • Explain the nature and type of various proprietary rights in land
  • Examine the creation of various proprietary interests in land and analyse their relative enforceability at law and in equity
  • Formulate an informed decision by applying the relevant property rights principles and law arising out of an encountered fact situation
  • Apply appropriate style and terminology to communicate effectively in the discipline.


Graduate Attributes
  • Communication
  • Problem Solving
  • Critical Thinking
  • Information Literacy
  • Information Technology Competence
  • Cross Cultural Competence
  • Ethical practice

Examination

Outline
Complete an invigilated examination

Date
During the examination period at a CQUniversity examination centre

Weighting
50%

Length
180 minutes

Exam Conditions
Open Book

Materials
Calculator - all non-communicable calculators, including scientific, programmable and graphics calculators are authorised
Dictionary - non-electronic, concise, direct translation only (dictionary must not contain any notes or comments).
Academic Integrity Statement

As a CQUniversity student you are expected to act honestly in all aspects of your academic work.

Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.

When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.

Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.

As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.

What is a breach of academic integrity?

A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.

Why is academic integrity important?

A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.

Where can I get assistance?

For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.

What can you do to act with integrity?