LW301:

PROPERTY LAW II
COURSE OUTLINE

“Academic Integrity and the Use of Artificial Intelligence (AI) in Assessments: Submission of
work that is NOT entirely your own, including content generated or altered
by AI technologies, violates academic integrity principles. Therefore, any evidence
of AI technology usage in an assessment will result in the particular assignment/written
paper not accepted for grading”.

1. SEMESTER/YEAR: Semester 2, 2023

2. MODE OF DELIVERY/LOCATION: Face-to-Face (Emalus and Laucala) and Online Mode

3. PRE-REQUISITES: 4 x 200-level LW courses (LLB) / 3 x 200-level LW courses (BA).

4. COURSE CO-ORDINATOR:

Dr Wilfred Golman
Laucala Campus
+679 323 1889
wilfred.golman@usp.ac.fj
Consultation Hours: TBC

5. TEACHING TEAM:

Emalus: Margret Kensen Online Dr Wilfred Golman

Office: Emalus Campus Office: Statham Campus
Phone: TBC Phone: (+679) 323 1889
Email: TBC Email: wilfred.golman@usp.ac.fj
Consultation Hours: TBC Consultation Hours: TBC

6. LECTURE TIMES & VENUE: TBC

7. EMERGENCY CONTACTS: As above.

8. COURSE DESCRIPTION

This course is described in the USP Calendar as follows: “This course concentrates on
introduced land law. In particular there will be considerations of freehold estates,

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perpetual estates, fixed term estates, inheritable estates, commoners allotments and
leasehold estates; the registration system of such estates; and the physical planning
legislation that regulates the use of such land in many countries of the USP region.”
9. COURSE LEARNING OUTCOMES

The School of Law has established learning outcomes to develop specific attributes. On
successful completion of this course, students should be able to:
1. Demonstrate an understanding of ownership rights of private persons and
governments to non-customary land.
2. Demonstrate an understanding of the leasing and mortgaging/charging of non-
customary land.
3. Analyse and solve legal problems relating to ownership rights to land, and the
leasing and mortgaging/charging of non-customary land.
4. Demonstrate an understanding of the law relating to the land registration systems of
non-customary land in Fiji, Samoa, Solomon Islands and Vanuatu.
5. Demonstrate an understanding of the law relating to land use planning in Fiji,
Kiribati, Samoa, Solomon Islands and Vanuatu.
6. Analyse and solve legal problems relating to land registration and land use planning
in countries of the USP region.
7. Communicate ethically, professionally and clearly in a range of contexts.

10. USP GRADUATE OUTCOMES

The USP graduate outcomes are as follows:

1. Communication: Graduates will be able to communicate ideas clearly and persuasively

in structured formats using language and other modes of communication that are
appropriate for context, audience and specific disciplinary conventions
2. Creativity: Graduates will extend boundaries of current knowledge in a particular
discipline or profession
3. Critical Thinking and Quantitative Reasoning: Graduates will be able to evaluate
multiple perspectives and arrive at a reasonable independent judgement based on
evidence
4. Ethics: Graduates will demonstrate a commitment to high ethical standards in
scholarly, professional and socio-cultural practices
5. Pacific Consciousness: Graduates will recognize the cultural heritage and diversity of
Pacific societies for sustainable development in a contemporary environment
6. Professionalism: Graduates will demonstrate the ability to carry out tasks to
acceptable standards within their profession and occupations
7. Teamwork: Graduates will work together in a respectful and collaborative manner to
complete tasks within teams to achieve an outcome

The School of Law Programme Graduate Outcomes are as follows:

1. Demonstrate knowledge of the region’s laws and legal systems in their local and
global context, including the role of custom
2. Apply law to factual situations
3. Research, analyse and argue questions of law
4. Communicate legal knowledge and arguments effectively and appropriately
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 5. Demonstrate, both personally and professionally, the principles of ethics and the
standards of legal professionalism
6. Assess systemic legal issues in the region and options for reform

11. COURSE CONTENT

Focus for Each Week

1 Introduction Customary and Non-customary Land in USP region
2 Freehold estates in fee simple- Fiji, Samoa
3 Freehold estates in fee simple- features of freehold estates
4 Freehold estates in fee simple-additional legal rights & obligations
5 Special Estates-Cook Islands, Niue, Solomon Islands and Tonga
6 Special Estates-Additional Legal Rights and Obligations
7 Equitable Rights against Estate Holders.
BREAK
8 Leases and tenancies
9 Terms of leases and tenancies
10 Tenancies at will, tenancies at sufferance
11 Mortgages, Charges over land
12 Land registration systems – Fiji, Samoa, Solomon Islands, Vanuatu.
13 Land registration systems- Kiribati, Samoa (pre 2009),Tonga, Tuvalu
14 Revision Week
15 Study Break
16/17 Exam Weeks

12. PRESCRIBED TEXTS AND OTHER RESOURCES

You must have access to a USP Campus or Centre to study this course. You will be expected to
use online databases to which USP has access. You will also be required to access other online
resources, which can be accessed from any computer with an internet connection.

The following text is strongly recommended:

Paterson, D and Farran S, South Pacific Land Systems, 2013, USP Press.

Additional readings may be required and announced in the lectures. Some notes will also
be circulated.

The Emalus Campus library provides other relevant texts and online material, as does
the Pacific Islands Legal Information Institute (PacLII, available here and here).

You can access course information and materials at its Moodle site. If you have any general
difficulties, contact your lecturer; for technical issues, contact moodlehelp@usp.ac.fj

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 13. ALIGNMENT OF LEARNING OUTCOMES, ACTIVITIES AND ASSESSMENT

The following table demonstrates the alignment of the course learning outcomes to
appropriate activities and assessments and the links to programme and USP graduate
outcomes.

Course Learning Associated Assessment Programme USP Graduate

Outcome Teaching Outcomes Outcomes
and
Learning
Activities
Lectures Tutorials Outcomes 1-6 Outcomes 1-7
The concepts
Fora and 8 online
Weekly
related to 1-8 are
Readings Tests
addressed across
Mid Semester
the semester.
Test

14. ASSESSMENT

Assessment provides an opportunity to develop and demonstrate specific academic abilities.

All students will answer 8 weekly online tests commencing from week 4 (that will run for
8 weeks. Will skip the week 8 as the mid-semester test to be administered). The mid-
semester test is in week 8. There will be a written Final Examination at the end of the
semester (with further additional information will be announced beforehand). Previous
exam papers are available here, but students should not assume that the 2023 exam will
duplicate earlier exams. A brief exam revision will take place in the final week of classes.

Course Course Learning Program USP Assessment Tasks

Code and Outcomes (CLO) me Graduat (weighting)
Course On completion of this Graduate e
Name course, students are Outcomes Outcome
expected to be able to: (PGO) s (GO)
1. Discuss the principles of 1, 4, 6 M 5M Continuous Assessment (40%)
(F at L & ownership rights of private 1. Tutorial contribution (F
E and O at persons and governments mode E & online tutorials
C, to non-customary land L)/online discussion
Semester 2. Discuss the principles of 1, 4, 6 M 5M forums (O mode)
2) leasing and (students are required to
mortgaging/charging of contribute to discussions)
non-customary land (10%) (CLO 1-6)
3. Solve legal problems 1, 2, 3, 5 3, 5, 6 M 2. Weekly tests (short
relating to ownership M answer questions and
rights to land, and the scenario-based questions)
leasing and (10%) (CLO 1-7)
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 mortgaging/charging of 3. Mid-semester tests
non-customary land (scenario-based questions)
4. Discuss the principles of 1, 4, 6 M 3, 5 M (20%) (CLO 1-7)
law relating to land
registration systems of Final Examination (60%)
non-customary land in Fiji, (CLO 1-7)
Samoa, Solomon Islands, Scenario-based questions
Tonga and Vanuatu
5. Discuss the principles 1, 4, 6 M 3, 5 M
of law relating to land use
planning in Fiji, Kiribati,
Samoa, Solomon Islands
and Vanuatu
6. Solve legal problems 1, 2, 3, 5, 3, 4, 5, 6
relating to land registration 6M M
and land use planning in
countries of the USP
region
7. Communicate ethically, 4, 5 M 1 (wc), 4,
professionally, and clearly 6M
in a range of contexts

14.1 ASSESSMENT PORTFOLIO

TYPE OF
ASSESSMENT WEIGHT Comments/Rationale LEARNING OUTCOME
CONTINUOUS ASSESSMENT - 40%

Ten (10) F2F The concepts related to 1-4 are

Tutorials will now be addressed across the semester. In
conducted via online addition, students will be required to
for both Emalus and exhibit understanding of the ownership
Laucala and online rights of private persons and
discussion forum for governments to non-customary land.
online regional Tests your substantive knowledge
students. All 10% and your ability to:
tutorials and forum - research and solve problems
discussion to start creatively
from week 3 to - prepare for informed discussion
week 12. in a timely manner
- submit written answers in a
timely and ethical manner
- communicate your substantive
knowledge of course materials
Eight (8) Weekly
tests starting from
week 4 onwards The concepts related to 1-4 are
to week 12. 10% As above addressed in the two assignments,
but particular attention will be paid to
5-7.
Mid semester test
to be administered
on week 8. 20% As above As above

FINAL EXAMINATION - 60%

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 Final Examination 60% As above 1-7

14.2 PASSING THE UNIT

This outline contains essential information on the course. Note, however, that students are
also responsible for checking Moodle regularly for additional notices.

In order to be awarded a pass in this unit, students must achieve an overall mark of at least
50% in the course. In addition:

1. USP Policy requires that Face-to-Face students must attend at least 60% of the
lectures to be eligible to pass the course
2. USP policy requires that Face-to-Face students must attend at least 60% of the
tutorials to be eligible to pass the course
3. A minimum mark of 24/60 must be obtained in the final examination.

Power points of all lectures, and recordings of all lectures (podcasts) will be posted, each
week, on Moodle for all students.

14.3 GRADE DISTRIBUTION

A+ A B+ B C+ C D E
85-100 78-84 71-77 64-70 57-63 50-56 40-49 0-39

14.4 ASSESSMENT POLICIES AND REGULATIONS

Plagiarism is taking and using another person’s thoughts, writings, inventions or other
work as your own, either intentionally or through negligence in referencing and citation.
Dishonest practice covers other forms of cheating, including taking material that is not
permitted into examinations, collusion or copying from other students, and submitting
work for assessment where that that work had been previously submitted for the same or
other course(s).

If a lecturer is satisfied that plagiarism has occurred, he or she will report the matter to the
Deputy Head of School, who is responsible for matters of discipline. The lecturer can
reduce marks appropriately and if the matter is seen as sufficiently serious it will be
reported to the Student Disciplinary Committee.

So far as law students are concerned, these matters are especially serious because they
suggest a failure to respect the basic ethical principles. In the context of the University,
they can lead to fines, suspension, or expulsion from the institution. In addition, some
courts responsible for the admission of law graduates to legal practice will not admit
individuals with a record of plagiarism.

Additional information on plagiarism and academic misconduct is available here, as well as

in the latest USP Handbook & Calendar.

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 15. IMPORTANT DATES

Activity Week Weighting (%)

Weekly Tests Week 4 onwards 10%
Mid semester Test Week 8 20%
Tutorial Participation(F2F
Laucala & Emalus) and Tutorials start from
Online Forum for Online week 3 onwards to
students. week 13 10%

16. PARTICIPATION REQUIREMENTS

General marking guidelines for tutorials and online work are as follows:

17-20 A/A+: High quality participation based on thorough preparation and timely submission of work.
13-16 B/B+: Significant preparation, timely submission of work, and constructive participation.
10-12 C/C+: Inconsistent preparation, submission of work, and participation.
8-9 D: Poor preparation, submission of work, and participation.
0-7 E: Little indication of preparation, failure to submit work, and very limited participation.

16.1 TUTORIALS

Tutorial times and groups will be announced early in the semester. Face-to-Face students
only receive marks for constructive participation. DO NOT expect to be assessed solely on
attendance.

16.2 LABORATORY SESSIONS: N/A

16.3 ONLINE WORK

Online students are expected to work independently; they should review the Emalus

and constructively in Online Forums. Online students will be assessed on participation in

online forums (10%) as well as the weekly tests (10%).

17. STUDENT SUPPORT

17.1 ONLINE HELP & e-Learning INFORMATION

You can access course information and materials on Moodle. If you have any general
difficulties, contact your lecturer; for technical issues, contact moodlehelp@usp.ac.fj

Using Social Media? Click here for Creating a Better Online You.

17.2 FACULTY STUDENT LEARNING SUPPORT (SLS) SERVICES

The School of Law and Social Sciences provides Student Learning Support (SLS) to assist you
with any aspect of English language and study skills. You can drop in to see them, send
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them an email, or check out their website for further study guides and online support.
Students can also access SOLaSS-SLS study guides on skills in reading, speaking, writing and
listening, as well as on general study skills.

Students with disabilities should seek support from the Disability Resource Centre (DRC).

18. EXPECTATIONS OF STUDENTS

18.1 STUDENT RESPONSIBILITIES

Students are expected to:

 Take responsibility for their learning

 Read this course outline and related University regulations
 Purchase, hire or borrow the prescribed textbook(s)
 Attend all lectures and tutorials or fora
 Check student email and Moodle daily for announcements
 Download course materials from Moodle as soon as possible and store them securely
 Inform Moodle technicians of any issues with the course’s Moodle site
 Prepare in advance for the lectures, tutorials, and fora and take notes in each
 Read assigned materials thoroughly and complete assigned study tasks
 Allocate sufficient time to complete learning activities and to review materials weekly
 Proactively seek the assistance and student support for difficulties with the course

With respect to assignments, students are expected to:

 Read Further Information and Rules on Assessment for information on the submission of
assignments, the use of Turn-It-In, plagiarism and academic misconduct, the late
assignments policy, the anticipated availability of course work marks, and final grades
 Submit assignments on time, ideally before the due date, in the required manner; where
lecturers require Moodle submissions, the appropriate dropbox should be used
 Adhere to the School’s Referencing Guide and the Late Assignments Policy
 Complete USP Plagiarism Statement with their submissions
 In cases of requesting an extension, inform the lecturer in a timely manner and
providing documentary evidence
 Confirm Moodle submissions
 Keep back-up copies for all assessment drafts in more than one storage devices

All communications between staff and students should be polite and cordial. Students
contacting staff or administrators by email or Moodle are expected to write in a polite, clear
and modestly formal manner. Staff should be addressed by their appropriate title and
messages should be written in letter format, rather than like text messages.

While students may request feedback from their lecturers on assignments, it is

inappropriate to contact lecturers and make representations about exam performance.
Communications to lecturers requesting special treatment in grading, or any lobbying about
grade recheck requests, are totally inappropriate.

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18.2 STUDENT WORKLOAD

TYPE Hours Comments

Lectures 28 Podcasts are provided for online students and for
review
Tutorial/Forum preparation and 26
tutorials/fora
Weekly Review 15
Reading 60 Including both prescribed and additional reading
Research and preparation for 80 Includes the in-term and final assessment
assessments (including writing
time)
Exam 3
Total 212