Property Law in New South Wales, 6th edition

This book provides a clear and accessible explanation of the system of property law in New South Wales. It closely examines all key topics, including the Torrens system, the movement to electronic conveyancing, strata schemes, leases (including residential tenancies), mortgages, freehold covenants, easements and native title. It also discusses how the values evident in particular theories of, and justifications for, property may be reflected in judicial and legislative elaborations. The sixth edition has been extensively revised to incorporate recent developments, including:

• discussion on recent decisions such as Owners Corp SP6534 v Elkhouri (NSWCA 2024) (by-laws); Whitty v Talia (VSCA 2023) (joint tenants); Merl v Merl (NSWSC 2022) (common property); Stubbings v Jams 2 Pty Ltd (HCA 2022) (mortgages); Goodman v Bryant (NSWSC 2025) (perpetuities); Breen v Clough (NSWCA 2025) (easements); Stuart v South Australia (HCA 2025) (native title: connection to the land); Davey on behalf of the Gudanji, Yanyuwa and Yanyuwa-Marra Peoples v Northern Territory (No 5) (FCA 2026) and Yindjibarndi Ngurra Aboriginal Corporation RNTBC v Western Australia (No 2) (FCA 2026) (native title: compensation); Li v Tao (NSWCA 2023) (part performance); Kramer v Stone (HCA 2024) (equitable estoppel); and Bosanac v Commissioner of Taxation (HCA 2022) (presumption of advancement)

• substantial updating of the discussion on landlord’s liability for negligence

• restructuring of the native title chapter, with new sections on the claims process, future acts and compensation

• comparative references to differences from New South Wales law in the rule against perpetuities in the Property Law Act 2023 (Qld)

Features

• Aligned to current teaching in property law

• Applies a critical approach to encourage thoughtful analysis

• Includes diagrams to explain the complex concepts

• Provides discussion of issues for reform

• Covers personal property, equitable principles and real property

• Supported by a bank of online supplementary resources

Related Titles

• Cantatore & Weinert, LexisNexis Questions & Answers: Property Law, 5th edition

• Edgeworth, Quick Reference Card: Real Property Law, 4th edition

• Godwin, Terrill, O’Connor, Page & Rimmer, Sackville & Neave Australian Property Law, 12th edition

• Newton, LexisNexis Case Summaries: Real Property Law, 5th edition