Australian Property Law

 Essay about Australian Property Law

Table of Contents

d5Torrens Title Lan

Introduction5

Basic principle of Indefeasibility5

Key Procedures (RP Act)5

Deferred versus immediate indefeasibility6

Frazer versus Walker 19676

Breskvar sixth is v Wall (1971)7

What will attract indefeasibility? eight

Leases: on the lookout for

Mercantile Credit Ltd sixth is v Shell Co of Quotes Ltd (1976)9

Karacominakis sixth is v Big Country Developments (2000)11

Mortgages: eleven

Yazgi v Permanent Custodians Ltd (2007)11

Volunteers12

Bogdanovic v Koteff (1988)12

Rasmussen v Rasmussen [1995]13

Exclusions to Indefeasibility14

Fraud Exclusion: 15

Loke Yew sixth is v Port Swettenham Rubber Co Ltd [1913]15

Assets Company Ltd versus Mere Roihi [1905]16

Schultz v Corwill Properties (1969)16

Russo versus Bendigo Traditional bank Ltd (1993)17

The In Personam Exception18

Bahr sixth is v Nicolay (No 2) (1988)18

Mercantile Shared Life Insurance Company Ltd versus Gosper (1991)20

Vassos versus State Traditional bank of Southern region Australia (1993)20

Special value cases: twenty one

Personal collateral and break of trust: 22

Personal Equities and Mistake23

OTHER EXCEPTIONS; OVERRIDING STATUTES23

The Register, fair interests and caveats26

The Register26

Bursill Enterprises Pty Ltd sixth is v Berger Bros Trading Company Pty Ltd26

White v Betalli [2007] NSWCA 24327

Equitable interests and non listed instruments27

Barry v Heider (1914) 19 CLR 19728

The caveat provisions30

Caveatable interest: 31

Requirements for caveats: thirty-two

Removal of caveat34

Caveats lodges without sensible cause: thirty four

Bedford properties Pty Limited v Surgo35

Kerabee playground Pty Ltd v Daley [1978]36

Eng Mee Yong v Letchumanan [1980]: 36

Goals: 37

Contending Equitable interests38

Abigail versus Lapin [1934] AC 491. 38

Butler v Fairclough (1917)40

Heid v Dependence Finance Corp Pty Limited (1983)40

J & L Just (Holdings) Pty Limited v Traditional bank of NSW (1971)41

Moffett v Dillon (1999)43

Protection for the purchaser just before registration in New South Wales45

Concurrent ownership47

Joint Tenancy47

Tenancy in Common47

Creation of co-ownership: joint tenancy or perhaps tenants in accordance? 48

Creation at law48

Creation in equity48

Malayan Credit Ltd v Jack port Chia-MPH Ltd49

Statutory reform49

Torrens title50

Hircock v Windsor Homes (Development Simply no 3) Pty Ltd50

Privileges and requirements of co-owners50

Rights of occupation50

Job fee51

Biviano v Natoli51

Quantum of the occupation fee52

Ryan v Dries52

Severance of joint tenancy53

Severance by fragmentario act53

By alienation to self; fifty five

By announcement of trust; 55

Severance by agreement55

Severance carrying out a course of dealing56

Severance subsequent homicide56

Severance by courtroom order57

Severance by bankruptcy57

Termination of co-ownership57

Correct of first refusal58

Leases59

Introduction59

Terminology59

Creation of leases –59

SUBSTANTIVE REQUIREMENTS - Certainty of duration59

SUBSTANTIVE REQUIREMENTS – Exclusive Possession60

SUBSTANTIVE REQUIREMENTS – further exceptions61

FORMAL REQUIREMENTS – Old system61

FORMAL REQUIREMENTS – Torrens Title63

Implied every year tenancies by Common Law64

Implied Rents At Common Law65

Different implied periodic Leases66

Tenancies by estoppel67

Concurrent leases68

Reversionary lease68

Leases – Assignment68

Share covenant68

Assignment of the lease – privity of estate71

Moule versus Garrett (1872) Ex. seventy two

Assignment from the reversion73

Lso are Hunter's Rental; Giles v Hutchings 919420 Ch (Chancery Division)73

Ashmore Developments Pty Ltd sixth is v Eaton (1992 - QLD)74

More things to know74

Leases – Remedies76

Forfeiture of lease simply by landlord76

Enforcement of the proper of re-entry76

No right to forfeit in the event that breach waived77

Forfeiture must be effective78

Moore v Ullcoats Mining Co Ltd (1908) Ch78

Alleviation against forfeiture79

Stieper v Deviot (1977) BPR (NSW court of appeals)79

Injury and Subleases83

Self-Help83

Remedies for Rents pt284

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