Law Notes Property and Equity 2 Notes
UNSW Property and Equity 2 notes. Includes detailed case and materials notes and super summaries ideal to take into an open book exam. Structure of cases and materials notes:
Class 1: The Torrens System and Indefeasibility
Class 2: Indefeasibility of What?
Class 3 - The in personam exception
Class 4 - Other exceptions and overriding statutes
Class 5 - The register, equitable interests and caveats
Class 6 - Competing equitable interests
Class 7 - Co-ownership
Class 8 - Rights of enjoymen...
The following is a more accessible plain text extract of the PDF sample above, taken from our Property and Equity 2 Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Concept | Key Cases | Issue | Principle | Ratio | Comments | |
---|---|---|---|---|---|---|
Requirements of Leases | Key words to remember:
How are leases created?
Requirements for a Lease - Certainty
Requirements – Exclusive Possession (See Radaich below)
Agreements for a Lease
| |||||
Exclusive Possession | Radaich v Smith Lock up shop | Document keeps saying ‘license’ – was a lease created nonetheless? |
|
| Intention
Bradshaw v Henderson – right to berth a ship; can’t live there, only berth one ship, limited dimensions etc. -> exclusive possession. Also a right to inspect does not negative exclusive possession |
Requirements for leases
Implied tenancies and estoppel
Concept | Key Cases | Issue | Principle | Ratio | Comments |
---|---|---|---|---|---|
Implied Tenancies | Dockrill v Cavanagh No formal lease | The operation of s 127 |
Note: Agreements as to duration are only relevant to whether rent is paid by reference to an aliquot part of a year |
(Does this become a tenancy at sufferance?) | Can arise
Despite the common law position s 127(1) of the CA (applied to Torrens) provides by force of statute that:
|
Buy the full version of these notes or essay plans and more in our Property and Equity 2 Notes.
UNSW Property and Equity 2 notes. Includes detailed case and materials notes and super summaries ideal to take into an open book exam. Structure of cases and materials notes:
Class 1: The Torrens System and Indefeasibility
Class 2: Indefeasibility of What?
Class 3 - The in personam exception
Class 4 - Other exceptions and overriding statutes
Class 5 - The register, equitable interests and caveats
Class 6 - Competing equitable interests
Class 7 - Co-ownership
Class 8 - Rights of enjoymen...
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