Step-by-step guidances for final exam

Description

I created this note using different materials from lecture notes, textbooks, tutorial materials and other books relating to the topic. It was for 6 hours exam, so my goal is to provide a comprehensive note which is easy to follow. Because the exam was within certain timeframe, I want to make sure my notes include step-by-step regarding what you will need to consider when considering the exam questions, each point will be backed up with authority, extract the relevant legislation and summary of case law. So that when it comes to the exam, I will get everything handy to start my exam and reduce the time to look for further information. Topic cover in this note: Torrens Title Step 1: Identify the parties and their interest. Registered interest – indefeasibility Unregistered Interest Unregistered interest – Legal interest – Conveyancing Act s 23B – OLD SYSTEM Unregistered interest – Equitable interest – Conveyancing Act 1919 s 23C Unregistered interest – deemed legal interest – S 43A Step 2: Priority Mortgages Power of Sales Step 1: Whether there is a right to possession, it only happens when the following happened. Step 2: Whether there is genuine sale? Step 3: Whether morgagee has acted on reasonable care? Remedy Tacking Co-Ownership Step 1: What is the legal interest? Joint tenancy or tenancy in common. Tenant in common Joint Tenant Presumption of joint tenancy - LAW S 100 Real Property Act 1900 (NSW) Step 2: Work out the equitable interest Presumption in equity Step 3: Whether there is severance? Right Inter se: Occupation fee Co-ownership agreements Ending co-ownership Lease Lease or licensing? Creation of leases (II): Formal Requirements Registered: Unregistered leases Leasehold covenants  Assignment of the leasehold estate Implied Covenants Termination Forfeiture by re-entry Easement Step 1: Whether it is an express easement? Step 2: Whether it is an implied easement? Step 3: Can the court enforce the easement? Construction of easements Freehold Covenants Case 1: The Registered Covenant is created after 1964. Case 2: The Registered Covenant is created before 1964. Case 3: When the covenant is a non-88B development and not meet the requirement of element 4, apply schemes of development