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MLL327 (11)

Study Guides for MLL327 at Deakin University

Property

MLL327 Study Guide - Final Guide: Adverse Possession, Life Estate, The Possession

TOPIC THREE appreciate the distinction between possessory and proprietary title POSSESSORY TITLE Possessory title is purely factual: based on the fact of possession rather than documentary proof of title as is the case wit...

Business and Law
MLL327
Pieter Biedanhart
MLL327 Study Guide - Final Guide: Equitable Remedy, Equitable Interest, Beneficial Ownership

Property Law Topic Eight understand the rationale underlying the nature of equitable interests Statute of Uses (1535) to prevent avoidance of feudal fees: beneficial ownership was equated to legal tenure and thereby attrac...

Business and Law
MLL327
Pieter Biedanhart
MLL327 Study Guide - Final Guide: Native Title Act 1993, Terra Nullius, Allodial Title

Property Law Topic Five appreciate the different cultural foundations of native title; Aboriginal ownership is primarily a spiritual affair rather than a bundle of rights (Brennan J in Re v Toohey) Perception of a socially...

Business and Law
MLL327
Pieter Biedanhart
MLL327 Study Guide - Final Guide: Seisin, Fee Tail, Fee Simple

Property Law Topic Six appreciate the fact that multipleproperty interests can exist over a single piece of land as a consequence of the doctrine of tenure Doctrine of estates is an extension of tenure regime Land that is ...

Business and Law
MLL327
Pieter Biedanhart
MLL327 Study Guide - Final Guide: Fee Simple, Fide, Internal Validity

Property Law Topic Ten appreciate the contractual nature of the land covenant Covenant is a type of contract in which the covenantor makes a promise to a covenantee to do or not do some action Contractual relationship exis...

Business and Law
MLL327
Pieter Biedanhart
MLL327 Study Guide - Final Guide: Hereditament, Incorporeality, Ophanim

Property Law Topic Nine appreciate the proprietary nature of an easement Rights which automatically flow from the natural character of the land Examples: Right to take advantage of natural resources on land Right to take a...

Business and Law
MLL327
Pieter Biedanhart
MLL327 Study Guide - Final Guide: Personal Rights, Sony Xperia Xzs, Intangible Property

TOPIC ONE explain the (essential) features of property WHAT IS PROPERTY AND ITS FEATURES? Blackstone Commentaries of the Laws of England stated that the right of property is that sole and despotic dominion which one man cl...

Business and Law
MLL327
Pieter Biedanhart
MLL327 Study Guide - Final Guide: Bailment, Adverse Possession, Eminent Domain

TOPIC TWO EXPLAIN THE NATURE OF PERSONAL PROPERTY, HOW IT DIFFERS FROM REAL PROPERTY Possession is notoriously difficult to define (Toohey J, Mabo 2) PERSONAL PROPERTY: Personal property refers to all property interests wh...

Business and Law
MLL327
Pieter Biedanhart
MLL327 Study Guide - Final Guide: Leasehold Estate, Fee Simple, Specific Performance

Property Law Topic 7 appreciate the contractual foundation of the lease A lease over land is an agreement between landlord and tenant to confer exclusive possession, upon terms, for a specified period of time Parties to ag...

Business and Law
MLL327
Pieter Biedanhart
MLL327 Study Guide - Final Guide: Dominium Directum Et Utile, Quia Emptores, Seisin

TOPIC FOUR Appreciate the operation of the doctrine of tenure and its relevance to contemporary Australian society Tenure (Latin) to holdpossess or occupy Different forms of tenure: Tenure was classified as: o Unfree tenur...

Business and Law
MLL327
Pieter Biedanhart
MLL327 Study Guide - Final Guide: Pignus, Secured Loan, Financial Institution

Property Law Topic Eleven appreciate the security nature of the mortgage Is a form of security interest which confers upon a lender an enforceable proprietary interest until the primary loan contract is discharged Most com...

Business and Law
MLL327
Pieter Biedanhart

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