Final Exam Notes

Description

Fixtures (including relevant tests for degree of annexation and object/purpose of annexation) Adverse possession (including all relevant legislation from Limitations Act, the test for factual possession and intention to possess) Leases (including the substantive requirements and appropriate formalities in law and equity) Formalities for equitable and legal estates (includes all relevant legislation from Real Property Act & Conveyancing Act, conveyance/transfer at law requirements and in equity. Easements (including how to determine the type of easement created, if it is a standard or novel easement, formalities for an easement at law and in equity, as well as exceptions to indefeasibly, if the easement was validly created (Re Ellenborough Park), easement distinguished from other interests) Rules of priority - registered instruments (including Registered v (un)Registered, all relevant legislation and case law) Indefeasibility (including Registered v (un)Registered, formalities for indefeasibility at law and in equity) Mortgages & Indefeasibility (including formalities and relevant legislation, forged mortgages and indefeasibility, unregistered equitable mortgages and indefeasibility) Exceptions to indefeasibility (including fraud, in personam claims, omitted easements or misdescribed boundaries and all relevant legislation and case law) Rules of priority - unregistered instruments (including next dealing registerable, unregistered equitable interests, factors for determining priority (notice and postponing conduct) Priorities & Caveats