دانلود کتاب Understanding real property law

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Full Title
Copyright
Preface
Table of Cases
Table of Statutes
Table of Contents
Chapter 1 Real Property — Basic Concepts
The Concept of Real Property
Possession, title and ownership
Chapter 2 Tenures and Estates
Introduction
Doctrine of tenure
Doctrine of estates
Chapter 3 Native Title
Introduction
A brief history of native title in Australia
Establishing native title in Australia
Difficulties in proving native title
Extinguishing native title
Validation of past and intermediate acts under the Native Title Act
Future acts under the Native Title Act
Chapter 4 Adverse Possession
Introduction
Matters to consider in applying the limitation statutes
Date from which time runs for the purpose of the limitation periods
Application of the doctrine of adverse possession to leases
Co-owners and time limitation periods
Crown land and adverse possession
Trustees and adverse possession
Calculating the extent of adverse possession: successive adverse possessions and competing adverse possessors
Extending the limitation period
Effect of lapse of time
Adverse possession and Torrens land
Other matters affecting claims for adverse possession
Chapter 5 Fixtures, Trespass to Land and Other Rights in Land
Introduction
Doctrine of fixtures
Trespass to land
Rights below the land
Chapter 6 Torrens Title
Introduction
Terms and definitions
The key concepts of the Register — title by registration and indefeasibility of title
How does the principle of indefeasibility operate?
What is protected by registration? — the extent of indefeasibility
Competing priorities against registered interests in Torrens land — exceptions to the indefeasibility of title of the registered proprietor
Competing interests in Torrens land — priorities scenarios (including unregistered interests)
Protection of unregistered interests in Torrens land — the system of caveats
Claims under the Torrens insurance schemes
How to approach a Torrens priorities question
Chapter 7 Priorities Disputes — Old System Title and Unregistered Interests in Torrens Title; Creation of Interests in Land
Introduction
Prior legal interest vs later legal interest
Prior legal interest vs later equitable interest
Prior equitable interest vs later legal interest
Earlier equitable interest vs later equitable interest
Creation of interests in land
Chapter 8 Co-Ownership
Introduction
What is co-ownership?
Right of survivorship
Creation of co-ownership interests in land
Severing a joint tenancy
Rights between co-owners
Chapter 9 Strata Title and Community Title
Introduction
Strata title
Community title
Chapter 10 Mortgages
Introduction
What is a mortgage?
Types and creation of mortgages
Rights of the mortgagor
Rights of the mortgagee
Chapter 11 Leases
Introduction
Terminology
Essential elements of a lease
Classification of leases
Creation of leases — formal requirements
Rights and obligations of lessors and lessees
Enforceability of lease covenants
Privity of estate
Assignment of the lease (lessee’s interest)
Assignment of the reversion (lessor’s interest)
Remaining liabilities of the original lessor and lessee
Assignment and Torrens Title
Ending a lease
Chapter 12 Easements
Introduction
Creation of easements
Substantive requirements for the creation of easements
Formal requirements for the creation of easements
Easements and Torrens Title
Changing the use of an easement
Extinguishing easements
Abandonment
Suspension of easements
Remedies
Chapter 13 Freehold Covenants
Introduction
Key terms and background
Creation of freehold covenants
Enforcement of covenants
Checklists for enforcement of covenants
Index