australian property law

 

What is the definitive characteristic of private property?

 

What are some of the rationales underlying the ‘private’ and ‘excludable’ nature of property and can they be sustained in contemporary society?

 

What is the difference between natural and positive rights and how do you think private property should be justified and regulated?

 

What are some of the rationales underlying the ‘private’ and ‘excludable’ nature of property and can they be sustained in contemporary society?

 

What is the difference between natural and positive rights and how do you think private property should be justified and regulated?

 

Why is possessory title important for personal, moveable property?

 

What is the difference between physical possession and legal possession and why is this difference relevant?

 

Why is possessory title important for personal, moveable property?

 

What is the difference between physical possession and legal possession and why is this difference relevant?

 

What is the difference between possession and seisin

 

Were a trust is expressly created and the owner of the trust property declares himself or herself trustee, is there any change in ownership?

  • What are the statutory formality requirements for the creation of an express trust by declaration over a legal interest in land?
  • What is the rationale underpinning the Statute of Fraud 1677 and its legislative equivalent in Australia?

 

Describe the proprietary and contractual aspects of the lease.

  • Is exclusive possession determined according to an assessment of the intention of the parties or the consequences of the grant?

 

Why must a lease have a ‘certain beginning and a certain end’?

 

What is the difference between a Torrens title mortgage and an old title (general law) mortgage?

 

Explain the nature of the mortgagee’s right to possess under a Torrens title mortgage. When will it arise and why?

 

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