Property & Security: Selected Essays

Property & Security: Selected Essays

By Lyria Bennett Moses, Brendan Edgeworth, Cathleen Sherry

Book

$114.00 RRP

Date: 02/02/2010

Code: 9780455227573

Lawbook Co., AUSTRALIA

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Book Property & Security: Selected Essays 02/02/2010 9780455227573 $114.00 Add to cart

Description

The link between the terms "property" and "security" raises both timeless, and timely, questions as to the relationship between these two concepts. Timeless, because security has always been seen as a core element of the institution of property; and timely, because exploring the ways in which property and security are related is more relevant than ever, at the end of a year when the entire edifice of the international financial system – grounded ultimately in property rights – has been threatened with collapse.

Property and Security: Selected Essays is an edited compilation of papers presented by highly regarded Australian and international academics at the Property Law Teachers Association Conference 2009 covering the thematic issues of property and security. This collection is an important resource for both student and academic researchers, and is ideal for practitioners working in mortgages/securities law - currently a highly litigated area of practice.

The papers explain the rapidly developing case law and complexities in the law, while making arguments for legal change. The reform recommendations make the publication highly relevant to policy makers within Australia, at both Federal and State level.

CONTENTS:
Part 1 Conceptual difficulties
Part 2 Public and Private Property
Part 3 Mortgages, Securities and Crisis
Part 4 Security of property rights

Editorial Reviews

From:  Australian Law Journal, November 2010
Reviewed by PWY

This book contains a series of essays on property law and the law affecting security instruments, which were originally presented to the 9th Australasian Law Teachers’ Conference, held at the University of New South Wales in April 2009. About 50% of the essays are written by members of the staff of the University.
 
The book contains a mixture of black letter law essays and theoretical musings. The black letter law essays delve into property as a concept, concentrating on the two most litigated areas of property law in recent years: (1) limitations of the Torrens system in dealing with indefeasibility particularly with (a) the problem of forged mortgages and (b) statutory exceptions; and (2) easements.
 
The first essay in the book is by Professor Keith Mason, formerly President of the New South Wales Court of Appeal. The professor is able to make remarks about aspects of the law and court system that were denied him as a practising judge and his essay makes interesting reading for that reason as well as its content.
 
Patricia Lane’s essay, “Indefeasibility for What?”, picking up on a common catchphrase used in forged “all money” mortgage cases, is a good balanced presentation of the problems that arise where it is alleged that an all money mortgage which has obtained registration, is forged. She analyses the three issues that will probably arise: (a) the extent of indefeasibility protection to the instrument; (b) what aspects are given indefeasibility; and (c) as a matter of contractual interpretation, what moneys are secured by the registered instrument.
 
Other essays deal with the social aspects of so-called “predatory lending” and the remedies available to both mortgagee and mortgagor where a fraudster has escaped with the proceeds obtained by uttering a forged mortgage. The latter essay, by legal academic, Scott Grattan, also deals with possible actions against the solicitors who innocently assisted the fraudster and the liability of those who witnessed the forged signature.
 
The essays on easements focus on court-created easements under recent statutes and easements for parking.
 
An all round overview of the Torrens system is provided by Associate Professor Pamela O’Connor in her essay, “Top 10 Legal Questions for Registered Torrens Systems”.
 
This is a handy collection of material directed to current issues in property law. Apart from learned discussion of the legal problems, it also includes reference to recent significant statutory amendments.

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