LAWS12065 Foundations of Property Law
Assignment: Short Answer Quiz
This assessment is worth 30% of the overall assessment for this Unit.
The assignment must be submitted electronically on Moodle no later than 11:59 pm on Tuesday 3 May 2022 (week 8)
The word limit for this assignment is 1,500 words. The word limit includes all headings, quotations, attachments, and any other words that form part of your answer. Footnotes do not form part of the word count, provided they do not contain matters of substance. No word ‘buffer’ applies.
Your assignment must be fully referenced in accordance with the Australian Guide to Legal Citation (Melbourne University Law Review Association Inc and Melbourne Journal of International Law Inc, 4th ed, 2018).
Your assignment must be submitted as a Word document and in at least font size 12.
This assessment must be your own work. Plagiarism must not occur. Do not copy from another student. You must not work with others or receive assistance from others on your assignment. You must not assist other students with their assignment. You must not share your work with others.
Assignments received after the due date will attract a late penalty.
If you have a genuine reason for late submission of your assignment (i.e. medical illness) you should contact your lecturer as soon as possible (and where possible, before the due date) to seek an extension. You will be required to provide a medical certificate and/or other supporting documentation to support a request for an extension.
If you have any questions regarding this assignment, please email your tutor as soon as possible.
You must answer both Question 1 and Question 2.
Patrick and Matt are brothers who own an inner-city apartment together in Brisbane (‘the apartment’). About eight years ago, Patrick developed an interest in expensive objet d’art and began to collect rare and expensive items, which he displayed in the apartment.
Some of the items in the collection have been installed in special ways. Four large paintings have been mounted onto the walls with special detachable clamps. Three large sculptures are sat on pedestals in glass display cabinets. The pedestals are recessed into the floor.
About three years agio, the brothers installed an expensive security system throughout the apartment to protect the growing collection. This required the installation of fibre-wiring into the wall crevices of the apartment and under new floating floorboards. The floating floorboards are secured by an interlocking bolt system that bolts the floating floorbaords to the concrete floor of the apartment.
Last month Patrick and Matt entered into a contract of sale for the apartment. The brothers have since removed all the objet d’art, including the pedestals and glass display cabinets, and placed these items in storage. They were in the process of arranging for a technician to remove the floating floor and the security system when the purchasers arrived for a final inspection prior to settlement. Believing that they are entitled to all the objets d’art, display cabinets, floating floor, and security system, the purchasers are furious and are threating legal action.
Advise Patrick and Matt of their position regarding the objet d’art on the walls and in the display cabinets, floating floor, security system, and glass display cabinets according to property law applicable in Queensland.
You are not required to discuss any contract for sale of land issues.
Approximately 15 years ago, Summer moved onto an area of land that had been left vacant and unoccupied in Mackay (Queensland) for many years. Initially she lived in a tent on the land, but approximately 12 years ago, she purchased a caravan and towed it onto the land. She installed solar panels on the roof of the caravan, created a garden and patio area at the back and slowly refurbished the caravan so that it ‘felt like home’.
Approximately two years ago, Summer inherited a large sum of money and decided to go travelling for two years. She telephoned her nephew, Brayden, and asked him if he would like to ‘house sit’ while she was away. During this time Brayden repaired the fencing around the perimeter of the land, installed a gate, and erected signs stating, ‘trespassers will be prosecuted.’ While Brayden was installing some security cameras on the caravan and surrounding trees, Julie, the owner, arrived to inspect the property. Having spent the last 15 years working as a producer in Hollywood, she was shocked to find Brayden occupying the land in a caravan.
Advise Julie. Your answer must include cases and relevant Queensland legislation in support of your discussions.
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