High H1 (90) Property Notes Hypo Structure and Class Notes (including essay) 2025 exam: IRAC structured = copy paste rules into practice exams

Description

The first section of notes is handcrafted to be applicable to any potential issue arising in a Property exam, structured to be copy/pasted/paraphrased for the Issue and Rule followed by step-by-step questions to answer in analysis with analogies for that high H1 critical analysis (pre-written text is in blue). These are the most straightforward set of notes to ensure you do well in your exam. I used these notes to achieve a 90 in Property. The second section of notes is my class notes, including essay notes (starting from page 21). I recommend that you only bring the first 20 pages rather than the whole set of notes to your exam (or develop your own, shortened exam notes based on mine)! Topic list: Topic 1: What Is Property What Is ‘Country’? Aboriginal and Torres Strait Islander Laws and Knowledges What Is ‘Property’? The Concept of Property Rights in the Australian Context Testing Boundaries of Property: What Can Be ‘Owned’? Boundaries of Property, Internal Categories Within Property: Property Versus Contract; Personal Versus Real Property Topic 2: Fundamental Principles of Property at Common Law The Fragmentation of Interests in Land; the Doctrine of Tenure The Doctrine of Estates: Freehold Estates and Future Interests Possession, Seisin and Title Topic 3 – Acquiring Interests in Land – the Intervention of Statute Creating and Transferring Interests in Land: Formalities Adverse Possession (AP) Topic 4 Native Title Crown/Public Land and Land Reserved for Public Purposes (Nancarrow) Settler Mis/Conceptions of Aboriginal and Torres Strait Islander Relationships With Land What Is ‘Native Title’? Proving Native Title Under s 223 Extinguishment of Native Title The Issue of Compensation: the Native Title Act 1993 (Cth) and Beyond Topic 5: Creating Equitable Interests in Land Equitable Interests in Land and Their Place in the Torrens System Trusts Specifically Enforceable Contracts Part Performance Proprietary Estoppel (PE) Mere Equities (Topic 8) (ME) Topic 6 Numerus Clauses Principle Leasehold Estates Co-Ownership: a Basic Introduction Security Interests: Introduction Security Interests: Mortgages Easements Profits Á Prendre Options Statutory Interests: Mining Interests and First Nations Cultural Heritage Topic 7 the Torrens System of Title by Registration and the Concept of Indefeasibility Legal and Equitable Priority Rules: General Law Land the Torrens System: the Concept of Indefeasibility Exceptions to Indefeasibility: Express Statutory Exceptions Exceptions to Indefeasibility: Fraud Exceptions to Indefeasibility: Mortgagees and Verification of Identity Exceptions to Indefeasibility: In Personam Claims Exceptions to Indefeasibility: Volunteers Controversial One Topic 8 Priority Disputes Between Unregistered Interests The Caveat Regime Conflicts Between Unregistered Interests Conflicts Between a Prior Mere Equity and a Subsequent Unregistered Interest