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67 Pages • Complete Study Notes • Year: Pre-2021
Real property notesThe Concept of Real Property • Property describes a relationship between an individual and an object (such as land) • Property refers to all or any of very many different kinds of legal relationship between a person and a subject matter (degree of power over a thing recognized in law) - Yanner v Eaton (1999) 201 CLR 351 • a number of people can claim a legal relationship to the same land • It is the legal relationship of each person or corporation to the same land that is important, because it determines what rights and obligations each one has • Title – two meanings in Australia o The most common meaning is ownership of land (current owner) o The second meaning refers to the chain of ownership rights in the land, which establishes that the current owner does have ownership or title to the land • Systems of land title in Australia o General law system (or common law system or old system) o Torrens title - introduced by the then Premier of South Australia, Sir Robert Torrens System of title by registration (i.e. good title) proof of ownership of the land is not dependent upon establishing a ‘good chain of title’ to land, as was the case with Old System Title a person is bound only by the interests
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