Property Law in New South Wales

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Property Law in New South Wales

ISBN : 9780409322941
Publisher : Butterworths
Author(s) :
Edition : 2 Rev ed
Overview 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. - Table of Contents: * 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 Prendre * Freehold Covenants * Mortgages



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