Land Law Scaffold (HD, USYD)

Description

This is a comprehensive scaffold for the USYD Land Law Final Exam from a student who received an HD in both the mid-semester and final exams. The main resource used to create this scaffold is Butt's Land Law. The scaffold covers the following topics: * Interests in land (doctrines of tenure and estates; conveyance of land; reversions and remainders; strata title; Crown land) * Torrens system (the Register; indefeasibility and its exceptions including fraud, rights in personam and other exceptions under s 42; forged mortgages; duties of mortgagees; unregistered interests, including caveats and priority notices; the Assurance Fund) * Co-Ownership (defining tenants in common and joint tenancy; legal and equitable co-ownership; rights between co-owners, including allowance for improvements, ouster, occupation fee, income and profits and the right to encumber the property; terminating joint tenancy via alienation or agreement; partition and sale) * Leases (defining a lease by exclusive possession; formal requirements at law and in equity; types of leases; covenants in leases, including those against assigning or subleasing; enforcing covenants on assignees and assignment of the reversion "touching and concerning" the land) * Mortgages (defining a mortgage; creating a mortgage at law and in equity; redeeming a mortgage, including clogs on the equity of redemption; mortgagee's power of sale; other mortgagee rights; assigning mortgages; priorities) * Easements (essential characteristics from Re Ellenborough Park; creation by express grant, the court under s 88K, implied easements and prescriptive easements; exceptions to indefeasibility; extent of rights conferred; maintenance of easements; interference; extinguishment) * Profits à prendre (definition; creation) * Freehold Covenants (identifying covenantor and covenantee; enforcing covenants passing the burden and the benefit in law and in equity; relationship between covenants and the Torrens system depending on registration; extinguishment of covenants) * Review of general law priorities ( LvL, EvL, LvE, EvE and mere equities)