Property Law in NSW

Author: Janice Gray; Brendan Edgeworth; Neil Foster; Scott Grattan
Publisher: LexisNexis Australia
ISBN: 9780409322941
Published In: April 2007
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

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This book provides an overview of property law in New South Wales. It focuses on the unique nature of Australian conditions and their impact on the law, examining closely local statutory regimes, such as strata schemes, the Torrens system, statutory tenancies, and native title. It also looks at broader themes, ranging from the concept of property to relationship debt.

In this second edition, all chapters have been revised to take account of recent developments including the following:

* The Concept of Property - the emerging international human rights law and its potential to influence property law;
* Native Title - important case law, including the 'Single Noongar Decision';
* Adverse Possession - discussion of the possible impact on Australian law of the European Court of Human Rights' decision in Pye v UK;
* Torrens Title - detailed analysis of recipient liability and its interaction with indefeasibility, including recent cases such as Say-Dee Pty Ltd v Farah Constructions (2005); and
* Easements and the in personam exception to indefeasibility, in light of Williams v STA (2004) and McGrath v Campbell (2006).

Although this work focuses on the law of New South Wales, much of the legislation and case law is directly relevant to the law in other parts of Australia, and will therefore be of interest to students and practitioners in those jurisdictions.

* The Concept of Property
* Land, Fixtures and Chattels
* Fundamental Principles - Tenure and Estates
* Native Title
* Possession and Adverse Possession
* Law, Equity and Trusts
* Old System and Priorities
* Torrens Title
* Common Property
* Perpetuities
* Leases and Tenancies
* Easements and Profits à Prendre
* Freehold Covenants
* Mortgages

Janice Gray is a Solicitor of the Supreme Court of New South Wales, Senior Lecturer, School of Law, University of New South Wales and Visiting Scholar, Wolfson College, Oxford.. She has published both internationally and nationally. Her work is primarily in the fields of Property, Equity, Native Title and Water Law.

Brendan Edgeworth is an Associate Professor in the Faculty of Law at the University of New South Wales. He has been a consultant to the New South Wales Law Reform Commission in the area of property law.

Neil Foster is a Senior Lecturer in the Faculty of Business and Law at the University of Newcastle.

Scott Grattan is a Senior Lecturer in the Faculty of Law at the University of Wollongong. He was recently awarded a PhD for his dissertation on the economic and philosophic aspects of court imposed rights of access under s 88K of the Conveyancing Act 1919 (NSW) and the Access to Neighbouring Land Act 2000 (NSW).