Property Law Guidebook

1. IntroductionAustralian property lawThe classification of propertyHow does property law link into other areas of law?2. What is Property?The definition and concept of propertyThe human body as propertyIntellectual property3. What is Land?The meaning of landFixturesWater rightsMineral resources and mining law4. The Doctrines of Tenure and EstatesThe English feudal systemThe doctrine of tenureThe doctrine of estatesThe doctrine of wasteDeterminable and conditional estatesFuture interests5. Native TitleCommon law native titleStatutory native title: The Native Title Act 1993 (Cth)Extinguishment of native title6. Co-ownership of PropertyThe history of co-ownershipJoint tenancyTenancy in commonThe rights of co-ownersTermination of co-ownershipStrata and Community title7. Creation and Enforcement of Property InterestsThe development of equityWhat are legal and equitable interests?The doctrine of part performanceThe doctrine of specific performancePriorities under the Torrens systemPriorities under the common law8. The Torrens SystemOld system titleThe Torrens systemThe indefeasibility principleLimits to the indefeasibility principleHow the caveat system protects equitable interestsVolunteers and Torrens system transactionsTorrens system remedies9. MortgagesThe nature and creation of common law mortgagesTorrens system mortgagesRights protecting a mortgagor10. LeasesThe definition of a leaseCreation of leasesCovenants in leasesOptions to renew a leaseDetermination of leasesPrivity of contract and privity of estateResidential tenanciesRetail shop leases11. Proprietary Interests in Land Owned by Another EasementsExtinguishment of easementsCovenantsRestrictive covenantsProfitsGlossaryTable of CasesTable of StatutesIndex