LA2015 – Week 1, 2014

The Concept of Property

Who am I and what am I doing here?

Introduction

Building Knowledge & Skills

taxtax

Company law

Company law

Family law

Family law

Criminal law

Criminal law

torts

Mining law

Mining law

Environ-mental

law

What is the purpose of land law?

How does land law help sustain…

• The economy?• Social relations?• The environment?• Governance?

• analyse and critique the concept of property through historical and contemporary perspectives

• resolve legal issues … through analysing legal problems… finding and applying … statute and case law

• research and synthesise primary and secondary sources (on) … theory of property; theory, practice of land law

What’s involved in studying this subject?

Introduction

Preparation means…• read and take notes• make case notes for each case you

read• listen to the podcast before the

seminar• prepare the problems or questions set

for the week• bring your Property Law Act every

week• test yourself

What assessment?

•Weekly preparation and participation – 20%• Research assignment – 30%• End of semester exam – 50%

Weekly Journal

• What have you learned?• How did you learn it?• What challenges did you encounter?• How did you resolve them?• What works best for you in learning this

subject matter?• Self-reflectionStart next week: submit by 4:00 Tuesdays

What tools do I have?

• Subject outline• Reading list• Text• Notes – my notes & yours• Powerpoints• Problem questions• Quizzes• Other…

Make sure you listen to the podcast

How good are you at note taking?

If you have questions and you cannot find the answer in the information

provided then contact me

Subject structure

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Progression of ideas

THE CONCEPT OF PROPERTYModule One

What does property mean to you?

Write down examplesTry to classify these examples

Property is a relationship

See Yanner v Eaton (1999) 201 CLR 351

what types of rights might you have over

land, or a house?

Explain…On the one hand… On the other…

Private rights Public rights

Property Person

Property rights Personal rights

Rights in rem Rights in personam

Property rights?

• Fishing on the open seas• Parking space at a shopping centre• Right to park on neighbour’s land• Walking on the footpath• The branch of your neighbour’s tree

overhanging your yard – whose property?

• Licence to drive a taxi

Draw a diagram that represents the

classification of property interests

http://www.youtube.com/watch?v=gCQIGiXf0JA

Can there be property in the human body?

Type of body/part• Corpse awaiting burial• Corpse: the application

of human skill eg preservation

• Kidney from deceased• Sperm • Human cells lawfully

excised (turned into a patent)

Case law• Smith v Tamworth CC• Doodeward v Spence

• Colavito (US)• Edwards• Moore v Regents (US)