Property Law

Description

LAWS4104 Property Law Everything covered in the unit needed for the exam. Includes case notes, step by step instructions and authorities. The Doctrine of Tenures and the Doctrine of Estates 3 Doctrine of Tenures 3 Tenures in Australia 3 Doctrine of Estates 3 Estates – the period of time for which land might be held 3 Doctrine of Waste 4 Determinable Estates 4 Conditional Estates 4 Future and Equitable Estates and Interests 5 Vested Interest 5 Contingent Future Interest 5 Rule Against Perpetuities 6 Land Rights of Indigenous Peoples 6 Public Lands 6 Pre-Mabo 6 International Jurisdictions 7 Native Title at Common Law 7 Native Title Legislation 8 Post – Mabo 8 Compensation 9 Physical Dimensions of Real Property 9 Subsurface and Minerals 10 Air Space 10 Water 11 Riparian Rights 11 Rule of Capture 11 Defined channel v Undefined channel 11 Rights in Water and Irrigation Act 1914 (WA) 12 Doctrine of Fixtures 12 Real v Personal Property 12 Fixture or Chattel 12 Rights 13 Encroachments and Fixtures 13 Property Law Act 14 The Acquisition and Transfer of Interests 14 General Law 14 Torrens System 14 Consensual Transactions 14 Equitable Interests Arising Under Consensual Transactions 14 Non-Consensual Transactions 18 Equitable Interests 18 Formalities for Creation and Conveyance of Legal and Equitable Interests 18 Formalities for Legal Interest 19 Specific Performance 19 Part Performance 19 Creation of Proprietary Interests under General Equitable Principles 20 Constructive Trust 20 Resulting Trust 21 Mere Equities 22 Equity of Rectification 22 Equity of Acquiescence 22 Remedial Constructive Trust 22 Right to have sale set aside because of fraud 23 Priority Disputes 23 General Law Mortgage 23 Notice 23 Prior Legal Interest v Subsequent Legal Interest 24 Prior Legal Interest v Subsequent Equitable Interest 24 Prior Equitable Interest v Subsequent Legal Interest 24 Equitable Interest v Equitable Interest 25 Mere Equity 25 Registration of Deeds Act 1856 – 1974 26 Section 3 26 Co-Ownership 26 Joint Tenancy 26 The Four Unities 26 Tenancy in Common 27 Differences 27 Creation of Co-Ownership 27 Rights and Obligation between Co-Owners 28 Severance of Joint Tenancy 29 Termination of Co-Ownership 30 Key Terms 30 Priority Disputes Scenarios 30