LAWS2383/JURD7283 LAND LAW HIGH DISTINCTION NOTES

Description

Achieved a final unit mark of 85 (High Distinction). These comprehensive exam notes provide a structured synthesis of the LAWS2383/JURD7283 Land Law curriculum at UNSW, integrating detailed case law analysis with relevant statutory provisions from the Real Property Act 1900 and Conveyancing Act 1919. The notes are optimised for high-efficiency revision, covering: Indefeasibility and Exceptions: The Torrens system, including the concept of immediate indefeasibility (Frazer v Walker), the fraud exception (Loke Yew, Cassegrain), in personam claims (Bahr v Nicolay), and the role of the Registrar’s caveat. Unregistered Interests and Priorities: Priority disputes between unregistered interests, including the impact of "postponing conduct" and the failure to caveat (Abigail v Lapin, J & H Just Holdings). Co-ownership: Detailed analysis of Joint Tenancies vs. Tenancies in Common, the four unities, and the rules surrounding severance and the partition/sale of property under s 66G. Leases: Types of tenancies, covenants (including the touch and concern doctrine), and the statutory and common law procedures for forfeiture and relief against forfeiture. Mortgages: Torrens mortgages, the power of sale, duties of the mortgagee (Southern Goldfields), and the mortgagor's right of redemption. Easements and Freehold Covenants: Essential elements (Re Ellenborough Park), methods of creation (express, implied, prescription, or s 88K), and the enforceability of restrictive covenants against successors in title (Tulk v Moxhay). The notes include clear headings, bulleted hierarchies, and summary tables for key cases to ensure all tests are easily accessible during the exam.