Conveyancing / Tenancy / Land

Australian Property Law: Cases, Materials and Analysis, 5th Edition

By Samantha Hepburn
LexisNexis Australia December 2020

Specifications

ISBN-13
9780409351224
Publisher
LexisNexis Australia
Publication
December 2020
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

This important book introduces the conceptual framework of interests in real and personal property. Carefully selected case and legislation extracts from across Australian jurisdictions are discussed in detail and relevant principles highlighted. The commentary evaluates the area of law, the status and effect of important decisions, and subsequent judicial and legislative developments. References to further secondary materials are provided. Each chapter contains review questions and answer guides, outlining how to approach questions and apply relevant case law and legislation.

The fifth edition has been fully revised and updated throughout to incorporate relevant recent developments in case law and legislation. New discussion on electronic conveyancing covers repudiation of a digital signature, priority notices and the decision in Astell v ACT (2016) on damages for fraud. New case extracts and commentary include: Northern Territory v Griffith (2019) (assessment of compensation for extinguishment of native title rights); Pipikos v Trayans (2018) (part performance); Boensch v Pascoe (2019) (caveats); Deguisa v Lynn (2019) (obligation of Torrens land purchasers to search other titles as to whether land subject to building scheme).

Features

• Clear explanatory writing style
• Case centred approach
• Plentiful examples of difficult issues
• Review questions throughout to consolidate learning

Table of Contents

1. Concepts of Property
2. Possession and Title
3. Fixtures, Encroachment and Boundaries
4. Adverse Possession
5. The Doctrine of Tenure and Estates
6. Restraints on Alienation and the Rule against Perpetuities
7. Leases
8. Native Title
9. Equitable Interests
10. Priority Rules
11. The Torrens System
12. Unregistered Interests
13. Easements
14. Covenants
15. Mortgages
16. Co-ownership

About the Author

Dr Samantha Hepburn is Associate Professor in the Faculty of Business and Law at Deakin University.

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