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Australian Real Property Law e6

Australian Real Property Law e6

By Anthony Moore, Scott Grattan and Lynden Griggs

For close to 25 years, Australian Real Property Law has been a preeminent land law text for students within university property law units and the practising profession. The sixth edition continues to provide coverage of all states and territories and remains a first point of reference for any person with a land law problem.

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  • Full description

    For close to 25 years, Australian Real Property Law has been a preeminent land law text for students within university property law units and the practising profession. The sixth edition continues to provide coverage of all states and territories and remains a first point of reference for any person with a land law problem.

    This latest edition continues the chapter order of earlier editions, but with extensive restructuring of areas such as defeasible transactions, easements, dispositions and mortgages. All chapters have been edited to highlight new case law authority, legislative change and where appropriate, secondary authority such as the resources associated with the introduction of electronic conveyancing and the Australian Law Reform Commission Report on Native Title, Connection to Country.

    Some new and significant cases highlighted in this edition:

    • Cassegrain v Gerard Cassegrain & Co Pty Ltd ((High Court) co-ownership and Torrens indefeasibility)
    • Bondi Beach Astra Retirement Village Pty Ltd v Gora ((NSW Court of Appeal) restraints on alienation)
    • Barlin investments Pty Ltd v Westpac Banking Corporation ((NSW Supreme Court) Torrens priorities and s 43A of the Real Property Act 1900 (NSW))
    • Segal v Barel ((NSW Court of Appeal) co-ownership)
    • State of Queensland v Congoo ((High Court) native title)
    • Akiba v Commonwealth of Australia ((High Court) native title)
    • Aboriginal Land Council v Minister Administering the Crown Lands Act (Newcastle Post office claim) ((NSW Supreme Court) use or occupation of Crown lands)
    • Korda v Australian Executor Trustees (SA) Ltd (2015) 89 ALJR 340 ((High Court) creation of express trusts).

    The text is complemented by the companion text Australian Property Law, Cases and Materials.

  • About the author
  • Product details

    ISBN: 9780455235943

    Published: 2015

    Format: Softcover

  • Table of contents

    Part I – The Context of Real Property Law

    1. Concept of Real Property Law

    Part II – Title to Land

    1. Foundational Concepts: Tenure, Possession, Estates, Trusts and General Law Priorities

    2. Adverse Possession

    3. The Torrens System and Indefeasibility

    4. Torrens Priorities

    5. Public Lands and Land Rights of Indigenous Peoples

    6. Mortgages

    Part III – Dealings in Land

    7. Dispositions

    8. Defeasible Transactions

    Part IV – Divided Ownership of Land

    9. Future Interests

    10. The Rule Against Perpetuities

    11. Co-ownership

    12. Management Where Ownership is Divided

    13. Leases

    14. Housing

    Part V – Relations Between Neighbouring Landholders

    15. The Scope and Meaning of Real Property

    16. Easements and Related Interests

    17. Land-use Agreements: Restrictive and Positive Covenants

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