Monash

Semester 1, 2016


LAW2112 Property A Exam Notes (HD, 92)

37 pages

12,129 words

$39.00

13

Description

Full notes in exam structure, including some POLICY arguments.

I taught Property Law in 2017 and have thus updated my notes accordingly.

Therefore it should cover all the content subject to any new changes in the 2018 syllabus, but may be presented in a different order to the new syllabus.

Topics:

[1] Concepts of property
- What is property
- Theories of private property
- Characteristics of property
- Subjects & objects of property
- Recognising new proprietary interests
- Constitutional protection of property rights
- Classification of property
- Chattels/fixtures
[2] Fragmentation of proprietary interests
[3] Title
- Native title
- General law land
- Torrens System
[4] Equitable / legal interests in property
- Trusts
[5] Doctrine of tenures & estates
- Freehold
- Freehold vs leasehold
- Future interests
[6] Possession and doctrine of adverse possession
- Possessory title
- Adverse possession
[7] Acquisition and transfer of property
- Transferring proprietary interests
- Formal requirements to transfer legal interests in land
- Gifts of real and personal property
- Sale of land (including Sale of Land Act)
[8] Leases
- Classifying leases
- Characteristics of leases
- Formal creation of leases
- Leasehold covenants
- Assignment of leases
- Enforceability of lease covenants after assignment
- Determination of leases
- Regulation of leases
[9] Creating leases
- Legal leases
- Equitable leases
[10] Contractual licenses
- Revoking licenses
- Enforcing licenses against third parties
[11] Easements
- Characteristics
- Scope
- Creation
- Extinguishment
[12] Restrictive covenants
[13] Mortgages