Extensive HD Complete Real Property Notes

1 Found helpful • 101 Pages • Complete Study Notes • Year: Pre-2021

THE HISTORY AND NATURE OF EQUITY – BARKEHALL AND VANN 4 EQUITABLE PROPRIETRY INTEREST – BRYAN AND VANN 5 DOCTRINE OF TENURE 7 TENURE IN NSW 7 THE DOCTRINE OF ESTATES 7 FREEHOLD ESTATE 7 ESTATES OF LESS THAN FREEHOLD: LEASEHOLD 8 WORDS OF LIMITATION 8 DETERMINABLE AND CONDITIONAL INTERESTS 8 FUTURE INTERESTS 8 VESTED AND CONTINGENT REMAINDERS 8 NATIVE TITLE – MABO AND WIK 9 MABO (NO 2) 9 WIK PEOPLES 10 ATTORNEY GENERAL V BROWN – TRADITIONAL VIEW ON TENURE 10 NATIVE TITLE AT COMMON LAW 11 FEJO V NORTHERN TERRITORY (1998) 11 YANNER V EATON [1999] 12 NATIVE TITLE ACT 1993 (CTH) 12 IMPORTANT POINTS IN TIME FOR REAL ESTATE 13 INDEFEASIBILITY OF TITLE 14 IMMEDIATE INDEFEASIBILITY OR DEFERRED INDEFEASIBILITY? 15 THE AMBIT OF INDEFEASIBILITY 15 PRIORITIES 16 EXCEPTIONS TO INDEFEASIBILITY 17 FRAUD 18 PERSONAL EQUITIES (OR ‘IN PERSONAM EXCEPTION’) 20 PRIOR FOLIO 21 OMITTED OR MISDESCRIBED EASEMENT 21 OTHER ESTATES + INTERESTS IN LAND 22 OMITTED OR MISDESCRIBED PROFIT A PENDRE 23 WRONG DESCRIPTION OF BOUNDARIES 23 SHORT-TERM TENANCIES 23 LEGISLATION INCONSISTENT WITH INDEFEASIBILITY 24 POSSESSORY TITLE AS AN EXCEPTION TO INDEFEASIBILITY 24 REGISTER-GENERAL’S POWER TO CORRECT 24 PRIORITIES 26 THE OPERATION OF CAVEATS 26 DISTINCTION BETWEEN UNREGISTERED LEGAL AND EQUITABLE INTERESTS 27 UNREGISTERED LEGAL INTERESTS 28 RULES OF PRIORITY BETWEEN COMPETING UNREGISTERED INTERESTS 29 POSTPONING CONDUCT 30 FAILURE OF PURCHASER/FIRST MORTGAGEE AT SETTLEMENT TO TAKE POSSESSION OF TITLE DEEDS 31 FAILURE OF PURCHASER/FIRST MORTGAGEE TO RETAIN POSSESSION OF THE TITLE DEEDS BY AN ACT OF GROSS NEGLIGENCE 31 PREMATURE RELEASE BY PURCHASER/FIRST MORTGAGEE OF THE POSSESSION OF THE TITLE DEEDS PRIOR TO THE PURCHASER SELLING OR THE FIRST MORTGAGE BEING DISCHARGED 31 HOLDING OUT - THE EXECUTION OF A DEALING, WHICH DOES NOT TRULY REFLECT THE TRANSACTION, SUCH AS THE EXECUTION OF A TRANSFER BY A REGISTERED PROPRIETOR WHO HAS MORTGAGED BUT NOT SOLD A PROPERTY; 32 THE FAILURE OF THE HOLDER OF AN UNREGISTERED INTEREST TO LODGE A CAVEAT WHERE THAT PERSON WAS NOT IN A POSITION TO TAKE POSSESSION OF THE TITLE DEEDS 32 ASSURANCE FUND 33 MORTGAGES UNDER OST 34 FORECLOSURE 35 EARLY DISCHARGE 35 PENALTY PROVISIONS AND CLOGS ON THE EQUITY OF REDEMPTION 36 MORTGAGES UNDER TORRENS TITLE 36 REMEDIES AVAILABLE TO MORTGAGEE 36 POWER TO SELL 36 HAS MORTGAGEE PROPERLY EXERCISE POWER OF SALE? 37 ISSUES THAT COMMONLY ARISE IN CONDUCT OF SALE 38 PROCEEDS OF SALE 39 RIGHT TO SUE ON THE PERSONAL COVENANT 39 RIGHT TO POSSESSION – S 60 RPA 39 RIGHT TO ASSIGN 40 RIGHT TO IMPROVE PROPERTY 40 REMEDIES AVAILABLE TO MORTGAGOR COMPLAINING OF IMPROPER SALE OR NO POWER OF SALE IS EXERCISABLE 40 PRIORITIES BETWEEN MORTGAGEES WHERE THERE HAVE BEEN FURTHER ADVANCES – TACKING 42 JOINT TENANCIES 44 THE FOUR UNITIES 44 TENANTS IN COMMON 45 WHEN WILL EQUITY PRESUME TENANCY IN COMMON 45 CONVERTING A JOINT TENANCY INTO A TENANCY IN COMMON 45 BRINGING CO-OWNERSHIP TO AN END 48 RIGHTS IN CO-OWNERSHIP – RIGHTS OF CO-OWNERS PER SE 48 COMPENSATION FOR IMPROVEMENTS WHEN CO-OWNERSHIP COMES TO AN END 49 RIGHT TO OCCUPATION FEE 49 ENTITLEMENT TO OCCUPY 50 ENTITLEMENT TO COLLECT RENT 50 THE OBLIGATION ON A CO-OWNER TO ACCOUNT FOR PROFITS DERIVED FROM PROPERTY 50 CHARACTERISTICS OF EASEMENT (RE ELLENBOROUGH PARK [1956] 77

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