Property Law in New South Wales, 5th edition
A comprehensive resource for property law practitioners and students in New South Wales
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This book provides clear and accessible explanations of the system of property law in New South Wales. It closely examines all key topics including the Torrens system and the movement to electronic conveyancing, strata schemes, leases (including residential tenancies), mortgages, freehold covenants, easements and native title. It also discusses how the values evident in particular theories of, and justifications for, property may be reflected in judicial and legislative elaborations.
The fifth edition has been extensively revised with recent developments, including:
• Torrens title: enforceability of restrictive covenants (Deguisa v Lynn - HCA 2020); due diligence and lodging caveats (Guirgis v Jea Developments - NSWSC 2019); assurance fund (Lincu v Registrar-General - NSWSC 2019)
• Fixtures (SPIC Pacific Hydro v Chief Commissioner of State Revenue - NSWSC 2021)
• Part performance (Pipikos v Trayans - HCA 2018)
• Estoppel (Trentelman v Owners – Strata Plan No 76700 - NSWCA 2021)
• Leases: landlord’s liability for defects (Loose Fit v Marshbaum - NSWCA 2011); tenant’s remedies - landlord’s breach of covenant to paint (Ellis’s Town House v Botan Pty Ltd - NSWCA 2017)
• Easements: when ‘reasonably necessary’ (Gordon v Leven (No 2) - NSWCA 2019); Lopeman v WIN Corp - NSWSC 2020); s 88K easements – compensation (Rawson v Studholme - NSWSC 2018)
• Strata: invalidity of no-pets by-law (Cooper v Owners – Strata Plan No 58068 - NSWCA 2020); NCAT jurisdiction for breach of statutory duty to maintain common property (Vickery v Owners Strata Plan No 80412 - NSWCA 2020)
• Old system title: notice (Nguyen v Corbett - NSWSC 2017)
• Adverse possession: elapse of time (McFarland v Gertos - NSWSC 2018); impact of qualified/limited Torrens folios (Sidoti v Hardy - NSWCA 2021); lack of exclusive possession (Australian Retirement Holdings Pty Ltd v Higgins — NSWSC 2021)
• Aligned to current teaching in property law
• Applies a critical approach to encourage thoughtful analysis
• Includes diagrams to explain the complex concepts
• Provides discussion of issues for reform
• Covers personal property, equitable principles and real property
• Supported by a bank of online supplementary resources for lecturers who prescribe the text
• Anderson, Anderson, Property Law: Concepts and Doctrine, 2021
• Cameron-Dow & Cantatore, Questions & Answers: Property Law, 4th ed, 2020
• Jackman & Werren, LexisNexis Study Guide: Property Law, 2nd ed, 2014
• Hepburn, Australian Property Law: Cases, Materials & Analysis, 5th ed, 2021
• Webb & Stephenson, Focus: Land Law, 5th ed, 2020
Table of contents
- The Concept of Property
- Land, Fixtures and Chattels
- Fundamental Principles – Tenure and Estates
- Native Title
- Possession and Adverse Possession
- Law, Equity and Trusts
- Old System and Priorities
- Torrens Title
- Common Property
- Leases and Tenancies
- Easements and Profits à Prendre
- Freehold Covenants