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Property A

LAW205 Introduces the concepts of real and personal property law in Australia.

Laws of Australia - Legal Encyclopaedia

Using The Laws of Australia in Westlaw select Real Property Law to browse the following Topics and sub topics.

Principles of Real Property

Definition and Scope; Nature of Proprietary Interests in Land; Doctrine of Tenure; Freehold Interests in Land; Leasehold Interests in Land; Equitable Interests in Land; Concurrent Interests in Land; Mortgages; Crown Lands; Native Title

Torrens System: Indefeasibility and Priorities

Introduction; Indefeasibility of title; Unregistered interests under Torrens System

Torrens Systems: Principles and Procedures

Introduction; Land covered by Torrens system; Processes for registration of interests; Registrar; Caveats and protection of unregistered interests; Mortgage of land under Torrens system; Crown leases; Transmission on death or bankruptcy; Writ of execution – registration and effect; Compensation claims

Future Interests in Land

Introduction; types of future interests; Reversions or Reversionary Interests; Remainders; Evolution of Future Trusts and its effect on Remainders; Statutory Reform of Law of Future interests

Rules against Perpetuities

Introduction; The rule; Class gifts; Subsequent interests; Exceptions to rule against Perpetuities

Landlord and Tenant

Introduction; Requirements for Creating Leases; Types of Tenancies; Covenants; Rent; Rights and Liabilities of Landlord and Tenant Apart from Covenants; Assignment; Subleases; Options; Termination of Tenancy

Retail Tenancies

Introduction; Application of Retail Tenancy Legislation; Information Requirements; Obligations; Assignments and Subleases; Right to Five year term; Termination of Retail Tenancy; Determination of Disputes

Residential Tenancies

Introduction; Process of Reform; Overview of Legislation; Scope of Legislation; Dispute Resolution; Administration; Documentation; Security Bonds; Rent; Repairs and Maintenance; Cleaning; Security of Possession; Disturbances by Tenants; Fixtures and Alterations; Goods left behind; Termination by Tenants; Termination by landlords; Eviction; Rooming Houses; Residential Parks; Assignment; Surviving War-time Protections for Tenants


Introduction; Nature of Licence; Licences and Third Parties; Licences distinguished from Similarly Situated Interests; Types of Licences; Licence protected by Estoppel; Statutory Licences; Licence under Torrens System

Strata and group titles

Introduction; Legislative framework for strata and group title schemes; Creation of Proprietary Rights; The Body Corporate; Property Management; Rights and Obligations of Unit Owners

Retirement Villages

Introduction; Application of Retirement Villages Legislation; Information Requirements; Village Management; Protection for Continuing Residence; Financial issues on Termination


Introduction; Features of Easements; Easements and Similar Interests; Essential Characteristics; Creation of Easements; Torrens System; Construction; Financial Obligations; Extinguishment; Remedies

Restrictive Covenants

Introduction; Parties to Covenant; Benefit of Covenant; Burden of Covenant; Remedies for Breach of Restrictive Covenant; Covenants and Public Authorities; Restrictive Covenants under Torrens System; Discharge and Modification of Restrictive Covenants

Physical limits to land

Definition and Scope; Height Limitations; Depth Limitations; Subdivison of Land into Strata; Fixtures; Encroachments; Boundaries; Fences


Introduction; Possession; Adverse Possession; Statutes of Limitation; Stopping Time from Running; Possessory Title and Torrens System

Land Acquisition

Introduction; Acquisition by agreement; Powers of compulsory acquisition

Sale of Land

Introduction; Features of Contract for Sale of Land; Statute of Frauds; Non-Compliance with Statute of Frauds; Position of Parties under Uncompleted Contract; Parties to Contract; Particulars of Sale; Conditions of Sale; Investigation of Title; Breach of Contract and Remedies; Completion of Contract for Sale; Transfer of Easements and Restrictive Covenants; Options to Purchase and Rights of Pre-emption

Halsbury's Laws of Australia - Legal Encyclopaedia

Using Halsbury's Laws of Australia in Lexis Advance select  Real Property from the Table of Contents to view the following topics and sub topics.

Historical Foundation of Real Property in Australia

Historical Foundation of Real Property in Australia - General; Concept of Property and Real Property; Title to Land; Orgins and Sources of the Law of Real Property in Australia; Doctrine of Tenure - Real Property; Doctrine of Estates - Real Property; History of Equity in Land Law

Creation and Acquisiton of Real Property

Creation and assignment of Real Property; Voluntary Disposition of Land; Old systems and priorities; Vendor and Purchaser; Options; Compulsory Acquisition

Torrens System

History and development of Torrens system; Purpose and effect; The Register; Powers and Duties of the Registrar; Initial Registration of Land; Registration of Interests and Dealings; Protection of the REgistered Proprietor; The Unregistered Proprietor; Caveats; Protection from Notice; Compensation and Damages

Multiple Ownership

Horizontal subdivisons including strata title; Community subdivisons; Co-ownership

Easements, Profits, Rent charges and Covenants

Easements, profits and rent charges; Covenants affecting Land


Crown Land; Boundaries, Fences and Encroachments

Property Law Journals

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