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Property Law and the City (LAWS90134)

Graduate courseworkPoints: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
July
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Property law governs relationships between people with respect to things. Cities combine humans and human endeavour in unparalleled proximity. This subject provides an opportunity for students to consider the connections between the law of property and urban environments. It will prompt students to ask how property law shapes cities and, in turn, how cities shape the law of property. Students will be introduced to a literature that attempts to identify the defining attributes of property, including private, common and state property, and then to a literature that considers the relations between the social institutions of law and of cities. The subject will then turn to several discreet property interests (covenants and strata property) and to expropriation law to examine their operation within the city. Finally, it will use the challenge of homelessness to focus attention on the appropriate regulation of public spaces or common property. Throughout the course, students will be asked to consider the tensions between private and public interests and to evaluate the balance between them. Students will develop research projects on some aspect of property law and the city, and will present their projects to the class in the city.

Intended learning outcomes

At the end of this subject, students should be able to:

  • Describe some of the attempts to provide a definition of property and some of the key debates about the nature of property;
  • Explain some of the connections between the social institution of law and the social organization that is the city;
  • Identify the principal features of covenants;
  • Explain the elements of strata property;
  • Describe the rules governing the taking of private property and some of the different approaches within common law jurisdictions; and
  • Explain the differential impact of the regulation of public space on those with and without private property.

Generic skills

  • Analyzing and critiquing scholarly writing;
  • Participating constructively in group discussion;
  • Devising research problems and identifying appropriate research methodologies;
  • Communicating knowledge and understanding of complex ideas in oral and written forms to defined audiences;
  • Writing clearly and effectively in descriptive, analytical, and critical modes; and
  • Citing legal and other primary and secondary sources in scholarly work.

Last updated: 3 November 2022

Eligibility and requirements

Prerequisites

Successful completion of all the below subjects:

Code Name Teaching period Credit Points
LAWS50030 Property
Semester 1 (On Campus - Parkville)
 12.5

Corequisites

None

Non-allowed subjects

None

Inherent requirements (core participation requirements)

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Last updated: 3 November 2022

Assessment

Additional details

  • Class participation (10%)
  • Research paper presentation (10 mins) (20%)
  • Research paper (70%) (4,000 words)

The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.

Last updated: 3 November 2022

Quotas apply to this subject

Dates & times

  • July
    Mode of deliveryOn Campus (Parkville)
    Contact hours36 hours
    Total time commitment144 hours
    Pre teaching start date25 June 2018
    Pre teaching requirementsStudents are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
    Teaching period 9 July 2018 to 20 July 2018
    Last self-enrol date 4 December 2017
    Census date13 July 2018
    Last date to withdraw without fail 3 August 2018
    Assessment period ends22 August 2018

    July contact information

    Professor Doug Harris (Coordinator)

    Email: law-aso@unimelb.edu.au
    Phone: +61 3 8344 4475
    Website: law.unimelb.edu.au

Additional delivery details

This subject has an enrolment quota of 20 students. Your subject enrolment will not be confirmed until the selection process has been run. Selection is conducted on a random basis with outcomes communicated to students shortly after re-enrolment closes. Please refer to the Melbourne Law School website for more information on the JD Quota Elective selection process.

Last updated: 3 November 2022

Further information

  • Texts

    Prescribed texts

    • Specialist printed materials will also be made available from the Melbourne Law School.

Last updated: 3 November 2022