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Australian Property Law: Cases and materials e5

Australian Property Law: Cases and materials e5

By Anthony Moore, Scott Grattan and Lynden Griggs

Australian Property Law: Cases and materials fifth edition remains a comprehensive collection of statutes, cases and reference material on Australian real and personal property with notes and questions to provoke fuller understanding and matters for reconsideration. The work is again divided into five parts covering the meaning of property law, title, dealings in land and goods, interaction of property co-holders and neighbourhood reconciliation.

Real Property 

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  • Full description

    Australian Property Law: Cases and materials fifth edition remains a comprehensive collection of statutes, cases and reference material on Australian real and personal property with notes and questions to provoke fuller understanding and matters for reconsideration. The work is again divided into five parts covering the meaning of property law, title, dealings in land and goods, interaction of property co-holders and neighbourhood reconciliation.

    This casebook is designed as an independent work but may be used as a complementary volume to the sixth edition of Australian Real Property Law, which is also divided into the same five parts and is an exposition of much of the law represented by the materials in this work.

    Australian material is emphasised in this book, including the place of all interests under the Torrens system, analysis of detailed statutory provisions and consideration of the legal response to the issues of an urbanised multi-cultural society where land is very expensive.

    The material offers flexibility for course design to concentrate on land title, dealings and interests or to contrast rights in land, goods and other personal property or to adopt a social emphasis such as the provision of housing through strata and community title, tenancies and other forms of rights to accommodation.

    This fifth edition extends the examination of personal property to priority between holders of personal property security interests under a new statutory regime, passing of property under a contract for the sale of goods, co-ownership of goods and bailments.

    New developments highlighted include the impact of indefeasibility upon subsidiary interests in a transaction, duties on buyers and mortgagees to discover identity fraud, native title and commercial interests, the property effects of land contracts, means of terminating co-ownership, continuation of tenancies after domestic violence and long-term occupation in caravan parks.

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  • Product details

    ISBN:9780455237886

    Published: 2016

    Format: Softcover

    Pages: 1361

  • Table of contents

    Part 1 – Context of Property Law

    1. Concept of Property

    Part 2 – Title to Goods and Land

    2. Foundational Concepts of Land Ownership, Tenures, Estates, Trusts and Priorities

    3. Possession

    4. Title to Personal Property

    5. The Torrens System: The Principle of Indefeasibility

    6. Unregistered Interests in Torrens Land: Nature and Priorities

    7. Public Lands and Land Rights of Indigenous Peoples

    8. Security interests in Land and Personal Property

    Part 3 – Dealings in Land 

    9. Dispositions of Land and Goods

    10. Defeasible transactions

    Part 4 – Division of Ownership of Land 

    11. Future Interests and Perpetuities

    12. Co-ownership

    13. Management where Ownership is Divided

    14. Leases

    15. Housing

    Part 5 – Relations between Neighbouring Landholders 

    16. Scope and Meaning of Real Property

    17. Easements and Related Interests

    18. Land Use Agreements: Restrictive and Positive Covenants

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