Intellectual Propriety Law LWEN 4338

Course description:

This course will discuss the theoretical nature and justification of property and the important features of the common law and statutory provisions relating to real and personal property, with emphasis being given to the former. The principal aim is to acquaint students with the fundamental proprietary interests and to teach students how to apply the relevant laws and concepts to practical situations where such interests are in dispute. The following topics will be considered: the theoretical nature and justification of common, private and public/state property; ownership and possession of real and personal property; adverse possession and limitation of actions legislation; limits to land (including fixtures, the ownership of airspace and subsoil, land boundaries and encroachments); estates and tenure; legal rights recognised in land (including bare and contractual licences; mortgages; co- ownership); future interests and equitable intervention; creation and enforceability of equitable interests, including assignments of property; the Torrens system of land title registration; leases; easements; and restrictive covenants.

Course Aims:

Course outcomes:

By the end of this course student should be able to competently:
1. Transferring title
Identified the nature of the interest being dealt with, pursuant to the pre-eminent title system in the relevant jurisdiction. prepared, commented on and advised, or been involved in advising, on an appropriate contract of sale or other type of agreement for transferring the relevant interest in land; and had it executed according to law and good practice. Drafted an appropriate instrument of transfer or conveyance and had it executed and (if necessary) stamped and registered, according to law. obtained or given any consents to, or notifications of, the transfer or conveyance, according to law. arranged for the instrument to be executed and (if necessary) stamped and registered, as required by law.

2. Creating leases
Made and obtained all searches and consents required by law and good practice. drafted, commented on and advised, or been involved in advising, on a lease in a form allowed by law, reflecting the agreement between lessor and lessee and protecting their respective interests.

3. Creating and releasing mortgages
Made and obtained all searches and consents required by law and good practice. Drafted, commented on and advised, or been involved in advising, on an effective instrument to create or release the security, reflecting the agreement between the grantor and grantee and protecting their respective interests.

4. Advising on land use
Identified any planning scheme or other statutory provisions regulating the relevant use. Advised, or been involved in advising, the client generally about processes to be followed to obtain permission for, or to object to the use, as the case requires.

5. Advising on revenue implications
identified the revenue implications of any transaction and advised, or been involved in advising, the client accordingly