LAWS2204 Property Study Notes

Description

TOPIC LIST Introduction Possession and Personal Property Losing and Finding Abandonment of Title Real Property and Personal Property Fixtures Real Property: Possession Real Property: Tenure Real Property: Estates Freehold Estates Leasehold Estates Determinable and Conditional Grants Future Interests Equity Creation of Interests Transfer of Interests Consensual Transfer Doctrine of Part Performance Non-Consensual Transfer Original Acquisition Estoppel Priority between Competing Interests in Land Legal v Legal Prior Legal v Subsequent Equitable Prior Equitable v Later Legal Constructive Notice Imputed Notice Equitable v Equitable Suggested Structure Mortgages - Creation and Mortgagee's Remedies The Role of Mortgages Covenants of the Loan Mortgagee's Remedies upon Default by the Mortgagor The Power of Sale Mortgagor's Remedies if Mortgagee Acts Improperly Prohibition on Sale to Mortgagee Defective Exercise of the Power of Sale Leases Basic Requirements for a Lease Equitable Leases Implied Tenancy The Torrens System - Indefeasibility Deferred Indefeasibility Immediate Indefeasibility The Torrens System - Exceptions Fraud Forged Documents and Mortgagees Additional Statutory Safeguard Short-Term Leases and Oral Agreements (Unregistered) Registrar's Power to Correct Inconsistent Statutes The In-Personam Exception Priority Between Unregistered Interests Caveats Unregistered v Registered Unregistered v Unregistered Failing to Lodge a Caveat at the Earliest Opportunity Failure to Lodge a Caveat and Additional Postponing Conduct Failure to Lodge a Caveat and Relevant Local Conveyancing Practices Effect of Actual Notice on Secondary Unregistered Interests Mortgages and the Torrens System Priority Disputes and the Power of Sale WITHOUT a Settled Contract Priority Disputes and the Power of Sale WITH a Settled Contract The Transfer has been Registered Mortgagee's Statutory Duties Co-Ownership Joint Tenancy Tenancy in Common Rights of Co-Owners Inter Se Bringing Co-Ownership to an End Severance of a Joint Tenancy Notes compiled from Lectures, Tutorials, Readings and Case Studies