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Online Session 1 Session 1

Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Intermediate

Former School/College

Former School of Law and Justice

Pre-requisites

LAW00052 - Introduction to Land Law OR LAW00116 - Property Law

Unit aim

Introduces the practical implications of the conveyancing transaction. Students will cover all areas involved in the preparation and completion of a conveyance of real property and an old system title together with the preparation of leases and mortgages and the execution and registration thereof.

Unit content

Topic 1 Introduction 
Topic 2 Formation of land contracts 
Topic 3 The subject matter of the sale 
Topic 4 The vendor's duty of disclosure 
Topic 5 Title defects 
Topic 6 Legality of structures and use 
Topic 7 The deposit 
Topic 8 Position of the parties pending completion 
Topic 9 Requisitions and objections 
Topic 10 Errors and misdescriptions 
Topic 11 Inquiries and affectations 
Topic 12 Preparing for settlement 
Topic 13 Time 
Topic 14 Strata subdivision of land 
Topic 15 Contract for sale of a business 
Topic 16 The revenue implications of land and business transactions

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 demonstrate an ability to identify the materials necessary for the preparation of a contract for the sale of land under the Torrens system and for the sale of businesses and to comply with the requirements of the relevant legislation relating to these transactions
2 identify and apply an understanding of the various laws (both statutory and case law) applicable to transactions associated with the selling, purchasing, leasing and mortgaging interests in land and businesses
3 draft various special conditions necessary to be able to prepare a contract for the sale of land or businesses so as to meet the various circumstances of these transactions
4 advise clients with respect to transactions involving the sale of land and businesses, including possible conflicts of interest
5 recognise the revenue implications of conveyancing, leasing and the mortgaging of land and the sale of businesses.

On completion of this unit, students should be able to:

  1. demonstrate an ability to identify the materials necessary for the preparation of a contract for the sale of land under the Torrens system and for the sale of businesses and to comply with the requirements of the relevant legislation relating to these transactions
    • GA4:
  2. identify and apply an understanding of the various laws (both statutory and case law) applicable to transactions associated with the selling, purchasing, leasing and mortgaging interests in land and businesses
    • GA1:
  3. draft various special conditions necessary to be able to prepare a contract for the sale of land or businesses so as to meet the various circumstances of these transactions
    • GA4:
  4. advise clients with respect to transactions involving the sale of land and businesses, including possible conflicts of interest
    • GA3:
  5. recognise the revenue implications of conveyancing, leasing and the mortgaging of land and the sale of businesses.
    • GA4:

Prescribed texts

  • At this time I would suggest that you do not purchase this textbook until we meet at the workshop: Skapinker, D & Lane, P, 2010, Sale of Land in NSW Commentary and Materials, 5th edn, Thomson Reuters.
Prescribed texts may change in future teaching periods.