Notes used in LAWS4107 Land Law at the University of Western Australia. Course focusses on the Torrens System of land law and the creation of security interests in Torrens Land; including but not limited to mortgages, leases and easements. Overall Mark: 78% Topics Covered Central concepts of WA Land Law - Indefeasibility - Priority of registration of instruments - Certificate as conclusive evidence of title Indefeasibility - Registered title indefeasible Exceptions to Indefeasibility - Express exceptions in the Transfer of Land Act (TLA) - Fraud - Encumbrances on register - Incorrect description of parcels of land - Short-term leases - Implied exceptions - Correcting the register exception - Overriding statutes - Volunteers exception Caveats - Who can lodge a caveat - Lodgement of caveats - Removal of caveats - Effect of caveats - Compensation for unreasonable caveats - Caveats and priority disputes Compensation - Compensation for deprivation of interests in land - Compensation for loss from the registrar Leases - Characteristics of leases - Terminations of leases - Forfeiture of leases Obligations and Rights under Leases - Covenants against Landlord implied at common law - Covenants against Tenant implied at common law - Covenants against Tenant under Statute - Express covenants Easements - Types of easements - Characteristics of easements - Creation of easements - Express and implied easements - Easements by estoppel - Prescription (lost modern grant; duration and continuous use) - Extinguishment of easements and remedies Mortgages - Torrens mortgages v general law mortgages - Covenants under mortgages - Remedies for mortgagor's breach - Mortgagee's remedies - Mortgagee's power of sale - Tacking mortgages - Priority between mortgages


Semester 2, 2019

63 pages

23,463 words



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