This chapter centres upon what might be referred to as the foundation concepts of land ownership. It examines the doctrine of land tenure as relevant in modern Australia but locates the discussion within its historical context. We then investigate the doctrine of estates and see how this doctrine is inextricably linked to the doctrine of land tenure in providing time-based recognition of interests in land. The discussion then moves to a consideration of legal future interests and how the common law has been modified by legislation. The chapter next considers the restraint on alienation of property and the rule against perpetuities. The focus of this part of the chapter is concerned with understanding how the law governs a property owner’s ability to control the alienation of their property. The starting point is the general principle of the free alienation of property. As the modern rule against perpetuities is a combination of concepts developed by the common law and as now adjusted by legislative reform, you will need to appreciate the interconnection between common law concepts and critical provisions of the reforming legislation across Australian jurisdictions.

This chapter addresses equitable interests in property. Despite the implementation of the Torrens system of title by registration for land across all the jurisdictions of Australia, equitable interests remain significant. This chapter considers the characterisation of different equitable interests in property, and the key rules used to resolve priority disputes. Finally, this chapter canvasses some areas where equitable rules, or the philosophy underpinning them, have been incorporated into statutory schemes, with protection against unconscionable conduct particularly prominent.

A fee simple owner has the right to exclusive possession and may choose to occupy the land. Alternatively, a fee simple owner may choose to grant another person the right of occupation. This chapter explores the main way in which an owner of land grants another a right to occupy the land, via a lease. The chapter first considers leases under the general law. The chapter then turns to consider retail lease and residential lease legislation that was enacted in all Australian jurisdictions in the latter quarter of the 20th century. These two statutory regimes provide greater clarity as to the rights and obligations of the parties and confer significant protections for lessees. Although other lease legislation has been enacted in various Australian jurisdictions, this legislation is not considered in this chapter.

The parties to retail and residential leases cannot contract out of the provisions of the legislation. However, the general law principles regarding leases continue to apply to retail and residential leases to the extent that these principles are not inconsistent with the legislation.

In this chapter, we will be looking at what a ‘security’ or a ‘security interest’ is, as it affects both real and personal property.

This chapter is designed for those studying property law and is a general overview of the law relating to the creation of property interests in both real and personal property by way of the use of a security.

This chapter is broken down into both general and specific topics. There is an overview to understand what securities are, and then the chapter considers in more detail those securities that affect real property (e.g. a mortgage given by a bank to a purchaser to allow the purchaser to buy real estate); and securities over personal property, (e.g. a loan by a lender to a farmer to buy a pivot irrigator that will provide water to the farmer’s crops).

Securities in relation to real land is dealt with by a myriad of Torrens legislation and property law statutes which are, for the most part, similar in each jurisdiction. Securities in relation to certain personal property is generally dealt with by federal law pursuant to the Personal Property Securities Act 2009 (Cth).

In past years, many histories of Australia began with the so-called ‘discovery’ of parts of the ‘Great South Land’ by European explorers.

While this approach may be understandable, it is no longer acceptable to view the Indigenous history of Australia purely from a European perspective. To do so would disrespect profoundly the continent’s first inhabitants. This chapter thus begins with a consideration of the profound relationship between Indigenous Australians and the land. It examines the landmark 1992 decision in Mabo v Queensland (No 2), which led to the passage of the Native Title Act 1993 (Cth) ensuring the continuing recognition and protection of Indigenous Australians’ native title rights and interests. The chapter focuses on the rights, obligations and procedures for establishing, proving, and contesting native title claims through both the Federal Court and the National Native Title Tribunal. It discusses the landmark High Court decision in Northern Territory v Griffiths in relation to compensation for extinguishment of native title. The chapter concludes by considering state and territory legislation introduced following the enactment of the Native Title Act 1993 (Cth).

The law and practice relating to boundaries, easements, and covenants are important to understand. Without such knowledge, you cannot properly inform clients of the limitations of the property they may want to buy, sell, develop, occupy or lease.

The law in relation to boundaries is understood by considering current plans in relation to the parcel of land. However, boundary issues are not necessarily straightforward. The law in relation to land boundaries can be found in Torrens legislation, Crown lands legislation, subdivision legislation, the common law, imperial orders, and legislation of the 19th century. Boundary issues are important to understand especially where your clients’ land boundaries abut watercourses, or the land has a depth or height limitation, or it abuts a road.

In contrast, the law in relation to easements, profits a prendre and freehold covenants is essentially common law based, but different jurisdictions treat the creation, recording, removal and variation of easements, profits a prendre and freehold covenants differently.

The nature of property rights and responsibilities has evolved to extend into spaces not previously considered part of property law, such as ocial, community and affordable housing.

Property law is potentially involved through the law governing freehold ownership, the general law governing commercial leases through head lease arrangements for public housing properties between government and CHO and residential tenancy legislation in relation to tenancies entered into by social housing tenants.

Regulation involves CHOs being regulated and made accountable for the use of public monies in supplying, managing and or owning public housing properties in the public interest and is now underpinned by the Community Housing Providers National Law (the National Law) and the National Regulatory System for Community Housing (NRSCH) . The registration system introduced through the NRSCH enhanced both accountability and professionalism in the community housing sector.

This chapter focuses on understanding social, community and affordable housing and the role property lawyers should play in this emerging and important sector involving a complicated distribution of rights and responsibilities.

Any consideration of property law must begin with the nature of property and how we should understand its conceptual underpinning.

The law is primarily a practical and pragmatic science directed to confronting and responding to practical issues and challenges in human affairs, dealings, and transactions. Many existing approaches to property law begin with an attempt to explain the conceptual contours of property and property law and to lay out its philosophical basis, proceeding to analyse these conceptual components and the law’s part in constructing the mosaic of property and its legal underpinnings. In the modern Australian context, this necessarily involves a detailed investigation and analysis of both myriad legislation and caselaw. While this strategy has stood the test of time and is reflected in the following chapters, this book seeks to position the discussion, explanation, and analysis within a context of two overarching themes. First, to explain and systematically integrate the effects and implications of technology upon property and property law. Second, to present a narrative which moves readers from property law principles to the practice of property law in all its applications.

The law and practice relating to the Crown (or state) lands of Australia is often a topic not well covered in a student’s journey through property law. Yet, Crown lands legislation dealing with the alienation and management of the lands of the Crown has been a feature of the legislative framework of the various Australian jurisdictions since their respective creations.Given that some such interests or rights authorised under the various legislation may rarely be granted or exist only in small numbers, this chapter focuses on some of the enduring principles of Crown lands law and practice.

This chapter discusses the key knowledge requirements or threads of Crown land law and practice that will give both student and practitioner a solid understanding of how to approach the complex legislation of the jurisdiction with its peculiar interests and rights; the public interest, modern land tenure, and Crown lands legislation; Crown lands legislation and Crown land; grants and the Crown’s general power to deal with Crown land; reservations and exceptions in Crown grants; interpreting a Crown grant; public purpose land

This guide is meant to direct the student through an inductive reading of Biblical Aramaic. For most effective use, consult the indicated sections of the textbook whenever they are mentioned, even if it seems repetitive. Repetition is the point.

Biblical Aramaic, as part of the Masoretic text of the Hebrew Bible, is written with the same consonantal signs, vowel points, and cantillation marks as the Hebrew portions (§17), as well as having the same types of scribal annotation and marking (the Ketiv-Qere [§33] and other notes). Although the languages are different, there is no graphic differentiation between Hebrew and Aramaic in the Masoretic text.

The purpose of this chapter is to give readers a sense of the breadth of experimental applications in the social sciences. The chapter reviews lab, field, and survey experiments, as well as naturally-occurring experiments such as lotteries. Each type of experiment is illustrated by reviewing in detail an exemplary study, drawing from experimental literature in psychology, development economics, health, and political science. Special attention is paid to the design choices that researchers made when recruiting subjects, measuring outcomes, and allocating subjects to experimental conditions. Discussion of each study includes the analysis of its main statistical findings. By showing how experiments are designed and analyzed, this chapter lays the groundwork for the practice experiment that readers will undertake in Chapter 6.