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Property Law: In Principle 2nd Ed.

Property Law: In Principle 2nd Ed.

ISBN 9780455224978
Edition 2 ed
Publisher Thomson Reuters
Author(s)
Publication Date
Overview
Property Law: In Principle, 2nd Edition has been thoroughly revised but retains the features that made the 1st edition so popular. Students will find this edition easy to relate to, with useful case summaries and succinct commentary on the history and context of principles of real and personal property. Chapters have been restructured, questions have been revised, and additional points for discussion have been included to ensure the text remains current and relevant. This edition includes: New commentary on sale by possessors of motor vehicles subject to a security interest in Chapter 2 (Title to Goods), including the High Court decision in General Motors Acceptance Corporation Australia v Southbank Traders Pty Ltd (2007); Revision of Chapter 5 (Native Title), including analysis of new cases De Rose v State of South Australia (No 2) [2005]; Bennell v State of Western Australia (2006) (and subsequent High Court decision in Bodney v Bennell [2008]); Revised commentary in Chapter 6 (The Torrens System) which raises questions as to whether the conservatism engendered by the decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] and other relevant High Court authorities is warranted; A restructure of Chapter 8 (Dispositions) and addition of new Chapter 9 (Defeasible Transactions), incorporating content on the regulation of land sales and land title insurance; A new section on the requirement of writing and analysis of the High Court decision in Theodore v Mistford Pty Ltd [2005] in Chapter 10 (Mortgages); Complete revision of Chapter 11 (Leases), with new material on the difference between legal and equitable leases, types of leases, validity of leases and withholding consent to subletting; and New case summaries added to Chapter 16 (Easements) eg Highmist v Tricare [2005]; Timpar Nominees Pty Ltd v Archer [2001] and Khattar v Wiese (2005). CONTENTS1 The nature of property 2 Title to goods 3 Title to land4 Estates in land 5 Native title6 The Torrens System: the principle of indefeasibility7 Priorities8 Dispositions9 Defeasible transactions10 Mortgages11 Leases12 Housing13 Co-ownership14 Future interests and perpetuities15 Limits to property16 Easements, covenants and rights of way17 Property in intangibles
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