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Vol 21 No 11 Nov/Dec 2016

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Australian Real Property Law 6th ed

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ISBN13: 9780455235943
Previous Edition ISBN: 9780455227894
Published: December 2015
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: £102.00



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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 6th 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 include:

  • 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); and
  • 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.

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Subjects:
Other Jurisdictions , Australia
Contents:
Part 1 The Context of Real Property Law
1. Concept of Real Property Law

Part 2 Title to Land
2. Foundational Concepts: Tenure, Possession, Estates, Trusts and General Law Priorities
3. Adverse Possession
4. The Torrens System and Indefeasibility
5. Torrens Priorities
6. Public Lands and Land Rights of Indigenous Peoples
7. Mortgages

Part 3 Dealings in Land
8. Dispositions
9. Defeasible Transactions

Part 4 Divided Ownership of Land
10. Future Interests
11. The Rule Against Perpetuities
12. Co-ownership
13. Management Where Ownership is Divided
14. Leases
15. Housing

Part 5 Relations Between Neighbouring Landholders
16. The Scope and Meaning of Real Property
17. Easements and Related Interests
18. Land-use Agreements: Restrictive and Positive Covenants