Property H1 Exam Notes

Description

High quality H1 in Property Notes. The structure of the notes is not based on how it was taught in the course, but based on how a hypothetical should be answered. **Please note that these are in no way a substitute of the actual prescribed readings and cases** Table of Contents: 1. What kind of property interest is it? Fee simple Life Estate Lease If it is not a lease, is it a license? Security Interests Liens and Charges Mortgages Options Easements Profit a prendre Special cases: property Spectacle 2. How did the property interest arise? Legal Formalities: Sale of an interest Formalities: Transfer of legal title Exception to formalities: Adverse Possession Priority dispute Equitable Preliminary matters: rules for existence of equitable interests Remedy: specific performance Remedy: Estoppel Part Performance v Estoppel (Pipikos) 3. Whose interest has priority? When there is one registered interest (Torrens): indefeasible When there are two registered interests (Torrens) When there are two unregistered interests (General Law) When there is a mere equity and an unregistered interest 4. Native Title How is native title extinguished? Fee Simple Pastoral Lease Mineral Lease Mining Lease Statute/Legislation Compensation for Native Title Two components of compensation