Equity in Real Property Law

Subject 732-710 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2009:

For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites:

Students must have previously studied property law, equity and trusts, or their equivalent.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Have a sound understanding of recent developments in property law and equity
  • Be able to identify the relevance of equitable doctrine to the solution of property disputes
  • Understand how equitable doctrine is applied or modified within the statutory framework of a title registration system
  • Understand the criteria for the award of equitable remedies to resolve property disputes.

Syllabus:

Principal topics will include:

  • The application of estoppel, resulting and constructive trusts in real property law
  • The application of the Torrens system of title by registration to equitable interests in land
  • Equitable issues arising in contracts for the sale of land
  • Equitable leases
  • The enforcement of equitable mortgages, charges and liens
  • Express trusts and real property
  • The application of equitable remedies to real property disputes.
Assessment:
  • Seminar presentation (10%)
  • Research paper 10,000 words (90%) (10 September) (topic to be approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: P12.507Semester 1NLawLawYNNNParkvillePARKVILLEEquity in Real Property Law732-710200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/732710Melbourne Law Masters, postgraduate law, post-graduate law, graduate law

Objectives:

A student who has successfully completed this subject should:

  • Have a sound understanding of recent developments in property law and equity
  • Be able to identify the relevance of equitable doctrine to the solution of property disputes
  • Understand how equitable doctrine is applied or modified within the statutory framework of a title registration system
  • Understand the criteria for the award of equitable remedies to resolve property disputes.

Syllabus:

Principal topics will include:

  • The application of estoppel, resulting and constructive trusts in real property law
  • The application of the Torrens system of title by registration to equitable interests in land
  • Equitable issues arising in contracts for the sale of land
  • Equitable leases
  • The enforcement of equitable mortgages, charges and liens
  • Express trusts and real property
  • The application of equitable remedies to real property disputes.
  • Seminar presentation (10%)
  • Research paper 10,000 words (90%) (10 September) (topic to be approved by the subject coordinator)
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.

Students must have previously studied property law, equity and trusts, or their equivalent.

N.A.N.A.Law732-7102

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