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Sackville & Neave Australian Property Law, 12th Edition eBook
This title provides a comprehensive review of property law covering the creation, transfer and enforceability of interests in real and personal property in all Australian jurisdictions.
Publication Language: English
Published: October 21, 2024
Publisher: LexisNexis Australia
Sackville & Neave Australian Property Law, 12th Edition provides a comprehensive review of property law covering the creation, transfer and enforceability of interests in real and personal property in all Australian jurisdictions. The opening chapters clearly explain the conceptual issues that underpin and define the ambit of property law to provide a sound foundation for understanding this complex area. The book then examines four broad issues with which the law of property is concerned: the fragmentation of proprietary interests, the acquisition and transfer of proprietary interests, the enforceability of proprietary interests, and related priority issues. The rules regulating the creation and enforcement of particular interests in land, including leases, easements, restrictive covenants and mortgages, are also analysed and explained.
The twelfth edition has been fully revised and updated with important recent developments in case law and legislation. It details the changes to be introduced by the Property Law Act 2023 Qld. It also updates the coverage of the Torrens System to take account of fundamental changes in conveyancing practice. There are new sections on electronic conveyancing, digital assets, compensation for the extinguishment of native title, and future acts on native title land. New cases include:
- Northern Territory v Griffiths (quantifying native title compensation)
- Yunupingu v Commonwealth (native title and just terms compensation)
- Gomeroi People v Santos (future acts)
- Deguisa v Lynn (indefeasibility and covenants in registered instruments)
- MAPA Pearls Pty Ltd v Haliotis Fisheries Pty Ltd (limits of in personam exception)
- Price v Spoor (scope of extinguishment of property rights by the Limitation Acts upon the expiry of an accrued cause of action)
- Queensland v Morecroft (doctrine of conversion; statutory compensation to mortgagees and purchasers under void mortgages)
- Bosanac v Commissioner of Taxation (resulting trusts)
Features
- Covers key cases and legislation and emerging issues in real and personal property law
- Comprehensive analysis enables in-depth understanding of the subject area
- Fully revised and updated to align with Property Law course work
- Clear and accessible format is easy to navigate
Ch 1. The Concept of Property
Ch 2. Possession and Title
Ch 3. The Fragmentation of Proprietary Interests in Land
Ch 4. The Acquisition of Property Rights and Equitable Property
Ch 5. The Torrens System – Statutory Title to Land
Ch 6. The Torrens System – Unregistered Interests
Ch 7 Co-ownership
Ch 8. The Alienability of Proprietary Interests
Ch 9. Leases
Ch 10. Planning Land Use by Private Agreement: Freehold Covenants
Ch 11. Easements and Profits à Prendre
Ch 12. Security over Real and Personal Property