Semester 2, 2017

Real Property Exam Scaffolds

34 pages

15,851 words




These notes were prepared initially for a mid-semester problem-question style exam, and then were extended for use in the final exam. They are a scaffold structure and arrange all relevant information in a problem question scaffold to allow for quick identification of relevant issues in timed exam situations. They cover the following topics:

A. Fundamentals of Land Ownerships (nature of interest, priority)

B. Torrens Title (nature of interest, priority, stopping registration)

C. Co-ownership (classification, creation, rights, termination)

D. Easements

E. Profits a prendre

F. Covenants

G. Lease or Licence

H. Mortgages (including flow chart diagram)

I. Priority Notices

The notes distinguish legal reasoning pathways between equity and common law for comprehensive answers. Students should note that these notes do not include case summaries, but rather refer to the relevant cases for each legal principle. For exams requiring more substantive application of case law these notes should be used in conjunction with a case-summary sheet.