Real Property Law

Order Description

This is a research assignment on the key principles of land law. You are required to answer two (2) questions, both of equal value and both with a 1000 word limit, to a maximum of 2000 words in total. In preparing your answers, you are required to read extensively (a reference list is provided further below). Please use size 12 Times New Roman font.

Question One: (1000 words max)

Critically evaluate the following extract from the judgment of Blackburn J in Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 at 171 as a statement of the nature of proprietary interests:

“I think that property in its many forms, generally implies the right to use or enjoy, the right to exclude others, and the right to alienate. I do not say that all these rights must co-exist before there can be a proprietary interest, or deny that each of them may be subject to qualifications.”

You should address each of the three rights listed by Blackburn J. You may also wish to refer to other characteristics of property. This question does not require you to consider Native Title.

Question Two: (1000 words max)

With reference to the decision in Walsh v Lonsdale (1882) 21 CH D 9 discuss the differences between legal and equitable interests in land. You should include specific examples in your answer.

REFERENCES:

Webb E. and Stephenson M., Focus Land Law, 4th ed., LexisNexis, Sydney, 2015

Lyster R. et al, Environmental and Planning Law in NSW, 3rd ed., The Federation Press, Sydney 2012

Bradbrook, A. et al, Australian Real Property Law, 5th ed., Lawbook Co, Sydney, 2011

Bradbrook, A. et al, Australian Real Property Law Cases and Materials, 4th ed.,Lawbook Co, Sydney 2011

Butt, P., Land Law, 6th ed., Lawbook Co, Sydney, 2010

Chambers, R., An Introduction to Property Law in Australia, 3rd ed.,Lawbook Co, Sydney, 2013

Edgeworth, B. et al, Sackville & Neave Australian Property Law, 9th ed., LexisNexis Butterworths, Australia, 2013

Gray, J. et al, Property Law in New South Wales, 3rd ed., LexisNexis Butterworths, Australia, 2012

Young P. et al, Annotated Conveyancing & Real Property Legislation New South Wales 2014-15, LexisNexis Butterworths, Australia, 2015

Key Statutes:
Conveyancing Act 1919 (NSW)
Interpretation Act 1987 (NSW)
Limitation Act 1969 (NSW)
Real Property Act 1900 (NSW)