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A study of current New Zealand case law, legislation and policies relating to rights in property, boundary law and title to land (both freehold and Māori customary), particularly as they relate to surveyors and planners.
SURV 306 provides exposure to a wide range of land and property law issues, with a strong focus on the analysis of case law arising from real disputes between land holders, boundary issues and property rights. These are the types of disputes often highlighted in "Neighbours from Hell" type programmes and for which professional surveyors regularly are called upon to mediate.
| Paper title | Land Tenure 2 |
|---|---|
| Paper code | SURV306 |
| Subject | Surveying |
| EFTS | 0.1334 |
| Points | 18 points |
| Teaching period | Semester 2 (On campus) |
| Domestic Tuition Fees (NZD) | $1,142.04 |
| International Tuition Fees | Tuition Fees for international students are elsewhere on this website. |
- Prerequisite
- (SURV 206 or SURV 216) or 216 points
- Restriction
- SURV 316
- Schedule C
- Science
- Eligibility
- SURV 306 expects a high standard of written and oral presentation communication as is expected of a professional surveyor.
- Contact
- mick.strack@otago.ac.nz
- Teaching staff
- Co-ordinator and Lecturer: Dr Mick Strack
- Paper Structure
- Topics:
- Property theory
- Common law rights to land, water and the sea
- Principles of the land transfer act and indefeasibility
- Remedies in the Property Law Act, rights and restrictions in other legislation
- Effects of other land related legislation
- There will be two essay assignments amounting to 25% of the course assessment
- There will be two student presentations of case law in tutorial sessions - 10%
- There will be a final written self assessment and course evaluation - 5%
- All five parts of the internal assessment must be completed to a satisfactory standard (at least 40% each) for you to gain terms for this paper that will allow you to sit the exam
- Total internal assessment 40%
- Teaching Arrangements
Up to three lectures and one tutorial session per week.
The lectures introduce land legislation, and the tutorials focus on land disputes resolved in the courts.- Textbooks
- Textbooks are not required for this paper.
A compilation of readings is available from the School office for about $20. - Graduate Attributes Emphasised
- Lifelong learning, Scholarship, Communication, Critical thinking, Cultural understanding,
Research, Self-motivation.
View more information about Otago's graduate attributes. - Learning Outcomes
The goals of the paper are
- To provide students with an understanding of rights in real property
- To provide students with an understanding of the law relating to lands held under Māori, Crown and Land Transfer legislation
- To provide students with an understanding of the concepts of indefeasibility of title
- To provide students with an understanding of water boundaries and reserves against water boundaries
- To investigate current issues of access to land, rivers and seabed
- To expose students to case law relevant to rights in land
- To introduce the range of legislation affecting rights in land
