Real Property Law in Queensland 3rd Edition
|
Book $160.00 RRP |
Date: 18/02/2010 Code: 9780455226743 Lawbook Co., AUSTRALIA |
Real Property Law in Queensland 3rd Edition
Price: $160.00
|
Available Formats
| Format | Title | Date | Code | Price |
|---|---|---|---|---|
| Book | Real Property Law in Queensland 3rd Edition | 18/02/2010 | 9780455226743 | $160.00 |
Description
Real Property Law in Queensland, 3rd Edition has been revised and updated throughout to take into account developments in legislation and case law.
The most significant changes covered in this edition involve the recent residential tenancy legislation and amended retail shop leases legislation; amendments to the Land Title Act 1994 dealing with identity requirements by mortgagees; and legislative amendments relating to community title schemes. In addition, new commentary includes discussion of “green leases”; the development of the national electronic conveyancing system; and changes to the compensation provisions and adverse possession applications.
The latest developments in Australian native title case law and legislation have been discussed, as well as recent case law dealing with the application of the rule against perpetuities; and the validity of storage or parking easements. Notable case law analysis includes commentary on the High Court decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd on recipient liability; the implications of the High Court decision in Westfield Management Ltd v Perpetual Trustee Company Limited on the interpretation of easements; and the application of the rule in Saunders v Vautier to charitable gifts.
Students, researchers and practitioners alike will find this edition of Real Property Law in Queensland an invaluable reference work.
The most significant changes covered in this edition involve the recent residential tenancy legislation and amended retail shop leases legislation; amendments to the Land Title Act 1994 dealing with identity requirements by mortgagees; and legislative amendments relating to community title schemes. In addition, new commentary includes discussion of “green leases”; the development of the national electronic conveyancing system; and changes to the compensation provisions and adverse possession applications.
The latest developments in Australian native title case law and legislation have been discussed, as well as recent case law dealing with the application of the rule against perpetuities; and the validity of storage or parking easements. Notable case law analysis includes commentary on the High Court decision in Farah Constructions Pty Ltd v Say-Dee Pty Ltd on recipient liability; the implications of the High Court decision in Westfield Management Ltd v Perpetual Trustee Company Limited on the interpretation of easements; and the application of the rule in Saunders v Vautier to charitable gifts.
Students, researchers and practitioners alike will find this edition of Real Property Law in Queensland an invaluable reference work.
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Editorial Reviews
From: (2010) 30 Queensland Lawyer 128
Reviewed by Kiernan Dorney QC DCJ
The third edition of this important local text does, as the Preface correctly asserts, provide a significant update to the consideration of current law, which reflects both reforms and developments since the last edition in 2005. Law reform has continued apace, generating changes justified by research, by contrary judicial interpretation and by political agenda. Developments have also been unabated, though perhaps slower than in earlier more reformist years, of frequent appellate elucidations.
One such update having significance for me has been in the Body Corporate and Community Management area, where I had the opportunity to be a sessional member of the Commercial and Consumer Tribunal from 2007 to 2009. Because of the comprehensive consideration given to this topic – which now affects a growing part of our urban populations – I only wish that this edition had been available then. I do hope that the QCAT members who have occasion to deal with this area can make extensive use of it.
Other updated areas of abiding interest to practitioners are those of electronic processing of registered land titles, retail shopping leases and de facto relationships affecting land (though being mindful of Commonwealth jurisdiction as noted in s 255A of the Property Law Act 1974). Native title has continued to evolve and the discussion in this text of this somewhat (wrongly) neglected area for everyday practitioners is one of the most clear and concise outside texts fully devoted to the topic. Intervening High Court and intermediate appellate court decisions affecting easements and recipient liability in relation to indefeasibility are well covered.
While others may cavil at the historical surveys made before plunging into the modern law, no such concerns arise here, because such are not only dealt with concisely but also help illuminate the context of succeeding developments and reforms. I have been a collector of the two earlier editions. I have found them both to be invaluable references for everyday practice. More often than realised, an historical understanding has aided what otherwise presents as a perplexing dilemma of unrevealed purpose.
This is a complementary text to Butt’s text which deals with land law more generally. There are many cross-references to the latter work’s sixth edition. Together they provide a comprehensive survey of Australian land law that is up to date and easily usable by practitioners daily. The local text is especially replete with Queensland authorities, making it invaluable to both the casual student and the busy worker, both judicially and in practice, in the legal vineyard in this State. These comments in no way detract from the scholarship that has been undertaken, which is tellingly revealed in all chapters – even to the use of the legal adviser’s oft used phrase, “the better view”. The expanded use of important texts in judicial writing (see Commissioner of Taxation v Bamford; Bamford v Commissioner of Taxation [2010] HCA 10 at [17] and Wallaby Grip Ltd v QBE Insurance (Australia) Ltd; Stewart v QBE Insurance Ltd [2010] HCA 9 at [29]) makes additions of this kind to considered legal reasoning invaluable.
Table of Contents
- Development of Real Property Law in Queensland
- Land Tenure in Australia
- Native Title
- Ownership of Land: Title and Rights
- Land Law and Equity
- Estates and Future Interests
- Perpetuities and Accumulations
- Co-ownership
- An Introduction to the Torrens System
- Operation of the Torrens System and the Concept of Indefeasibility
- Unregistered Interests and Prioroties under the Torrens System
- Remedies under the Torrens System
- Community Titles
- Leases
- Easements and Profits
- Mortgages and other Security Interests in Land
- Covenants Affecting Freehold Land
Real Property
