HD PROPERTY B EXAM NOTES

Description

Very clear, concise notes that have every relevant case law and statutory provisions necessary to get a HD on the exam. These notes have made it very easy for you to answer questions in the exam, where you will simply need to substitute party names/facts into the pre-written answer format for you ( [P] will be eligible for claim as [D] did [facts]). Also includes short case summaries if needed to analogise with facts in the exam question. TOPIC LIST: Topic 1: Equitable interests (resulting/constructive trusts, remedies) Topic 2: Co-ownership (position at law/equity, severance, termination, rights & duties) Topic 3: Mortgages (rights of mortgages upon default) Topic 4: Enforceability of proprietary interests (Register: certificates of title) Topic 5: Indefeasibility (principle of indefeasibility, deferred & immediate, scope) Topic 6: Exceptions to indefeasibility (statutory fraud, verification of ID, in personam, paramount interests, inconsistent legislation, registrar's power to correct errors, volunteers, compensation) Topic 7: Priority disputes (protection of unregistered interests, equitable v equitable interests, prior equity v subsequent, mortgagor v purchaser from mortgagee)