LAWS4107 Land Law Notes

Description

Notes used in LAWS4107 Land Law at the University of Western Australia. Course focusses on the Torrens System of land law and the creation of security interests in Torrens Land; including but not limited to mortgages, leases and easements. Overall Mark: 78% Topics Covered Central concepts of WA Land Law - Indefeasibility - Priority of registration of instruments - Certificate as conclusive evidence of title Indefeasibility - Registered title indefeasible Exceptions to Indefeasibility - Express exceptions in the Transfer of Land Act (TLA) - Fraud - Encumbrances on register - Incorrect description of parcels of land - Short-term leases - Implied exceptions - Correcting the register exception - Overriding statutes - Volunteers exception Caveats - Who can lodge a caveat - Lodgement of caveats - Removal of caveats - Effect of caveats - Compensation for unreasonable caveats - Caveats and priority disputes Compensation - Compensation for deprivation of interests in land - Compensation for loss from the registrar Leases - Characteristics of leases - Terminations of leases - Forfeiture of leases Obligations and Rights under Leases - Covenants against Landlord implied at common law - Covenants against Tenant implied at common law - Covenants against Tenant under Statute - Express covenants Easements - Types of easements - Characteristics of easements - Creation of easements - Express and implied easements - Easements by estoppel - Prescription (lost modern grant; duration and continuous use) - Extinguishment of easements and remedies Mortgages - Torrens mortgages v general law mortgages - Covenants under mortgages - Remedies for mortgagor's breach - Mortgagee's remedies - Mortgagee's power of sale - Tacking mortgages - Priority between mortgages