Property Law Final Exam scaffold/exam notes and case summaries - HIGH DISTINCTION

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HIGH DISTINCTION FINAL PROPERTY LAW EXAM NOTES/SCAFFOLDS/ CASE SUMMARIES. Topics include: Personal Property Relativity of title Possession Lost and Found How much of your property do you own? Adverse possession Fixture or Chattels GENERAL LAW LAND Is there a Legal interest? Has a legal interest been transferred? Is there a Legal Fee simple? Is there a Legal Lease? Is there a legal easement or other interest? Is there an equitable interest? Is there an equitable fee simple? Was the contract specifically enforceable? Is there a Bunny Industries Constructive trust? Is there a mere equity through estoppel? Is there an equitable lease? Is there an equitable mortgage? Is there an equitable right to rescission? Other possible equitable interests: Priority rules: Legal interest v Legal interest: Prior Legal v Subsequent Equitable: Prior equitable v Subsequent Legal: Prior equitable v Subsequent Equitable: Mere equitable v Equitable/Legal interest: Disputes involving Mortgages (Torrens law and General law): General law mortgages: Was the power of sale exercised correctly? Remedies for a defective exercise of power of sale: TORRENS LAW: What interests are involved? Unregistered v Registered: Is there an exception to indefeasibility? Registrar’s power to correct: Who has title? – URI v URI Does section 43A apply? First interest in time will prevail unless the equities are unequal Torrens Law mortgages Priority dispute arising from the exercise of a mortgagee’s power of sale Co-ownership Types of co-ownership