Focus land law

Description

Full Title Copyright Preface Table of Cases Table of Statutes Abbreviations Table of Contents PART 1 Concepts 1 Property Philosophical and social foundations of property The meaning of ‘property’ Classifications of property 2 Land and Tenure The meaning of ‘land’ Fixtures Tenure 3 Possessory Title and Adverse Possession Possessory title Adverse possession Encroachments Mistake of title 4 Native Title Recognition of native title Native title legislation Source, nature and content of native title Determination and proof of native title Extinguishment of native title Future dealings regime for native title land Compensation and fiduciary duty Statutory land rights 5 Acquisition and Transfer of Proprietary Interests in Land Acquisition of original proprietary interests in land Acquisition of proprietary interests in land by consensual transactions Acquisition of proprietary interests in land by non-consensual transactions PART 2 Successive Interests 6 Estates Categories of estates Creation of freehold estates Characteristics of freehold estates Rights of owners of freehold estates 7 Future Interests Classification of future interests Common law remainder rules The development of the use by equity Statutory modification 8 Perpetuities Rule against perpetuities Class gifts Consequences of infringing the rule against perpetuities PART 3 Concurrent Interests 9 Legal and Equitable Interests The distinction between legal and equitable interests Equitable interests in the context of land Enforcement of equitable rights 10 Co-ownership 1 Categories of co-ownership Creation of co-ownership A four-step approach to problem-solving 11 Co-ownership 2 Rights of co-owners Severance of joint tenancy Partition or sale PART 4 The Torrens System 12 The Torrens System and Indefeasibility The Torrens system Indefeasibility 13 Exceptions to Indefeasibility Fraud Short leases Wrong description of boundaries Earlier existing valid title Omitted easements Adverse possession In personam exception Overriding statutes Volunteers 14 Remedies Persons aggrieved by a decision of the Registrar Remedies for the deprivation of an estate or interest in land — recovery of land Remedies for the deprivation of an estate or interest in land — monetary compensation Major circumstances leading to compensation Major restrictions on compensation The other party to the claim Amount of compensation 15 Priorities and Caveats Priorities Caveats Protection between contract and settlement Protection from improper dealings PART 5 Leases and Licences 16 Leases 1: The Nature of Leases, Terminology and Essential Characteristics The nature of leases Terminology Types of leases Essential characteristics of a lease 17 Leases 2: Covenants in Leases The nature of covenants The contents of a lease Express covenants Implied covenants The effect of an assignment or sublease Options Legislation specific to particular types of leases 18 Leases 3: Determination of Leases Determination of a lease Repudiation Determination of retail tenancy leases Determination of residential tenancy leases Remedies for breach of covenant 19 Easements, Profits and Rentcharges Easements Profits à prendre Rentcharges 20 Mortgages 1: General Principles and the Rights of the Mortgagor Mortgages under the general law Mortgages under the Torrens system The rights of the mortgagor Clogs on the equity of redemption Vitiating factors The role of statute Guarantees 21 Mortgages 2: The Rights of the Mortgagee The rights and obligations of the mortgagee The power of sale Relevant factors in deciding whether the mortgagee’s duty has been discharged The role of the agent and/or close subsidiaries The mortgagor’s right to relief from the actions of the mortgagee Rights against a purchaser Foreclosure Priorities 22 Restrictive Covenants Parties to the covenant Transferring the benefit of the covenant Transferring the burden of a covenant The doctrine of building schemes Modification and discharge of restrictive covenants Index