Law

Sackville and Neave Australian Property Law 12th Edition

Edited by Andrew Godwin · Leon Terrill · Pamela O'Connor · John Page · William Rimmer
LexisNexis Australia October 2024

Specifications

ISBN-13
9780409359664
Publisher
LexisNexis Australia
Publication
October 2024
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

Sackville & Neave Australian Property Law provides a comprehensive review of property law covering the creation, transfer and enforceability of interests in real and personal property in all Australian jurisdictions. The opening chapters clearly explain the conceptual issues that underpin and define the ambit of property law to provide a sound foundation for understanding this complex area. The book then examines four broad issues with which the law of property is concerned: the fragmentation of proprietary interests, the acquisition and transfer of proprietary interests, the enforceability of proprietary interests, and related priority issues. The rules regulating the creation and enforcement of particular interests in land, including leases, easements, restrictive covenants and mortgages, are also analysed and explained.

The twelfth edition has been fully revised and updated with important recent developments in case law and legislation. It details the changes to be introduced by the Property Law Act 2023 Qld. It also updates the coverage of the Torrens System to take account of fundamental changes in conveyancing practice. There are new sections on electronic conveyancing, digital assets, compensation for the extinguishment of native title, and future acts on native title land. New cases include:
  • Northern Territory v Griffiths (quantifying native title compensation)
  • Yunupingu v Commonwealth (native title and just terms compensation)
  • Gomeroi People v Santos (future acts)
  • Deguisa v Lynn (indefeasibility and covenants in registered instruments)
  • MAPA Pearls Pty Ltd v Haliotis Fisheries Pty Ltd (limits of in personam exception)
  • Price v Spoor (scope of extinguishment of property rights by the Limitation Acts upon the expiry of an accrued cause of action)
  • Queensland v Morecroft (doctrine of conversion; statutory compensation to mortgagees and purchasers under void mortgages)
  • Bosanac v Commissioner of Taxation (resulting trusts)

Table of Contents

1.
The Concept of Property
2.
Possession and Title
3.
The Fragmentation of Proprietary Interests in Land
4.
The Acquisition of Property Rights and Equitable Property
5.
The Torrens System – Statutory Title to Land
6.
The Torrens System – Unregistered Interests
7.
Co-ownership
8.
The Alienability of Proprietary Interests
9.
Leases
10.
Planning Land Use by Private Agreement: Freehold Covenants
11.
Easements and Profits à Prendre
12.
Security over Real and Personal Property
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