UWA

Semester 1, 2014


Property Law

31 pages

12,744 words

$44.00

8

Description

LAWS4104 Property Law

Everything covered in the unit needed for the exam. Includes case notes, step by step instructions and authorities.

The Doctrine of Tenures and the Doctrine of Estates 3
Doctrine of Tenures 3
Tenures in Australia 3
Doctrine of Estates 3
Estates – the period of time for which land might be held 3
Doctrine of Waste 4
Determinable Estates 4
Conditional Estates 4
Future and Equitable Estates and Interests 5
Vested Interest 5
Contingent Future Interest 5
Rule Against Perpetuities 6
Land Rights of Indigenous Peoples 6
Public Lands 6
Pre-Mabo 6
International Jurisdictions 7
Native Title at Common Law 7
Native Title Legislation 8
Post – Mabo 8
Compensation 9
Physical Dimensions of Real Property 9
Subsurface and Minerals 10
Air Space 10
Water 11
Riparian Rights 11
Rule of Capture 11
Defined channel v Undefined channel 11
Rights in Water and Irrigation Act 1914 (WA) 12
Doctrine of Fixtures 12
Real v Personal Property 12
Fixture or Chattel 12
Rights 13
Encroachments and Fixtures 13
Property Law Act 14
The Acquisition and Transfer of Interests 14
General Law 14
Torrens System 14
Consensual Transactions 14
Equitable Interests Arising Under Consensual Transactions 14
Non-Consensual Transactions 18
Equitable Interests 18
Formalities for Creation and Conveyance of Legal and Equitable Interests 18
Formalities for Legal Interest 19
Specific Performance 19
Part Performance 19
Creation of Proprietary Interests under General Equitable Principles 20
Constructive Trust 20
Resulting Trust 21
Mere Equities 22
Equity of Rectification 22
Equity of Acquiescence 22
Remedial Constructive Trust 22
Right to have sale set aside because of fraud 23
Priority Disputes 23
General Law Mortgage 23
Notice 23
Prior Legal Interest v Subsequent Legal Interest 24
Prior Legal Interest v Subsequent Equitable Interest 24
Prior Equitable Interest v Subsequent Legal Interest 24
Equitable Interest v Equitable Interest 25
Mere Equity 25
Registration of Deeds Act 1856 – 1974 26
Section 3 26
Co-Ownership 26
Joint Tenancy 26
The Four Unities 26
Tenancy in Common 27
Differences 27
Creation of Co-Ownership 27
Rights and Obligation between Co-Owners 28
Severance of Joint Tenancy 29
Termination of Co-Ownership 30
Key Terms 30
Priority Disputes Scenarios 30

Author

MJ

Campus

UWA, Crawley

Member since

July 2014