The Boundaries of Australian Property Law

Focussing on the Torrens title system, this text offers students and practitioners a unique perspective on Australian real property law.

Hossein Esmaeili (Author), Brendan Grigg (Author)

9781107572652, Cambridge University Press

Paperback / softback, published 5 July 2016

400 pages
24.7 x 17.4 x 1.9 cm, 0.62 kg

The Boundaries of Australian Property Law offers a unique perspective on real property law in Australia. As the overwhelming majority of land interests in Australia now fall under the Torrens title system, this book's particular focus on the development and operation of the Torrens system in Australia is both timely and welcome. Addressing the prescribed Priestly 11 requirements for a property law subject in Australia, this informative and academically rigorous book includes carefully selected statutory material and case law from all Australian jurisdictions, as well as the United Kingdom. The general law system is also discussed and referred to where necessary, to give context and depth to the analysis of real property law. Written by prominent real property law academics from law schools around Australia, and edited by Hossein Esmaeili and Brendan Grigg, this text is a modern and much-needed addition to real property law literature.

1. Property: concept, rational, contexts Peter D. Burdon
2. The emergence of the Torrens System in Australia Greg Taylor
3. Fundamental concepts for Australian real property law: tenure, estates, possession and adverse possession Brendan Grigg
4. Torrens title: registered and unregistered interests Brendan Grigg
5. Boundaries of land, fixtures and ownership of minerals and resources: the search for certainty Hossein Esmaeili
6. Native title Peter D. Burdon
7. Co-ownership: the interplay of common law, equity and the Torrens System Jane Knowler
8. Strata title, community title and residential tenancies: changing how we live Bronwen Leroy
9. Property, choice and obligation: the Australian law of leases and licences Paul Babie
10. The power of subsidiary interests in land to shape our world: the Australian law of easements Paul Babie
11. Restrictive covenants and the Torrens System Hossein Esmaeili
12. The Torrens System mortgage: mortgagor protection under the common law, in equity and under statute Natalie Skead.

Subject Areas: Property law [LNS], Laws of Specific jurisdictions [LN], Law [L]