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Australian Property Law: Principles to Practice is an engaging introduction to property law in Au... more Australian Property Law: Principles to Practice is an engaging introduction to property law in Australia. Covering substantive law and procedural matters, this textbook presents the law of personal and real property in a contemporary light. Australian Property Law details how property law practice is transformed by technology and provides insights into contemporary challenges and risks. Taking a thematic approach, the text covers possession of goods and land, land tenure, estates and future interests, property registration systems, Indigenous land rights and native title, social housing, Crown land and ethics. Complex concepts are contextualised by linking case law and legislation to practical applications. Each chapter is supported by digital tools including case and legislation boxes with links to the full source online, links to useful online resources, multiple-choice questions, review questions and longer narrative problems. Australian Property Law provides an essential introdu...
In Queensland v Congoo (2015) 256 CLR 239, [11], French CJ and Keane J remarked that possession i... more In Queensland v Congoo (2015) 256 CLR 239, [11], French CJ and Keane J remarked that possession is a term for which "English law has never worked out a completely logical and exhaustive definition". However, in Hunter v Canary Wharf Ltd [1997] 2 WLR 684, 706, Lord Hoffmann had said that "[e]xclusive possession de jure or de facto, now or in the future, is the bedrock of … land law". For such a seemingly important term, it may strike as odd that it has, in fact, proved impossible to define. Despite, in one of its applications, representing an appearance of power over land, possession is an abstract legal concept and is an element in the law's response to recognising and protecting the enjoyment of land. It is, then, like ownership, part of an objective or argument of the law. And, in working out that role or function, it is better to try to understand possession's applications. In its orthodox or technical sense, possession is a relationship with an estate in land and is property. Like ownership, it represents priority to and exclusivity of land, as represented by an estate. Unfortunately, and perhaps because of the fragmentation of property into a bundle of rights, possession has apparently come to represent varying rights of enjoyment in respect of land. Such applications of the concept-which have taken place in various contexts, but particularly in respect of statutory interests in land-may have had the effect of causing possession to conceptually creep in its representation of particular characteristics. This research identifies circumstances in which possession of land, according to its orthodox conceptualisation in law, has been in recent times, or may be, the subject of a reshaping (including modification) in law by adjudicative methods. In so doing, the research shows that, while there are several cohering links as between various applications of the possession concept outside its application in an orthodox sense, there is an absence of a logical organisation of those links which can assist in our confidently identifying the stable characteristics which the possession concept today represents in law. 2. Chapter 2: Literature review .
Australian Property Law: Principles to Practice is an engaging introduction to property law in Au... more Australian Property Law: Principles to Practice is an engaging introduction to property law in Australia. Covering substantive law and procedural matters, this textbook presents the law of personal and real property in a contemporary light. Australian Property Law details how property law practice is transformed by technology and provides insights into contemporary challenges and risks. Taking a thematic approach, the text covers possession of goods and land, land tenure, estates and future interests, property registration systems, Indigenous land rights and native title, social housing, Crown land and ethics. Complex concepts are contextualised by linking case law and legislation to practical applications. Each chapter is supported by digital tools including case and legislation boxes with links to the full source online, links to useful online resources, multiple-choice questions, review questions and longer narrative problems. Australian Property Law provides an essential introdu...
In Queensland v Congoo (2015) 256 CLR 239, [11], French CJ and Keane J remarked that possession i... more In Queensland v Congoo (2015) 256 CLR 239, [11], French CJ and Keane J remarked that possession is a term for which "English law has never worked out a completely logical and exhaustive definition". However, in Hunter v Canary Wharf Ltd [1997] 2 WLR 684, 706, Lord Hoffmann had said that "[e]xclusive possession de jure or de facto, now or in the future, is the bedrock of … land law". For such a seemingly important term, it may strike as odd that it has, in fact, proved impossible to define. Despite, in one of its applications, representing an appearance of power over land, possession is an abstract legal concept and is an element in the law's response to recognising and protecting the enjoyment of land. It is, then, like ownership, part of an objective or argument of the law. And, in working out that role or function, it is better to try to understand possession's applications. In its orthodox or technical sense, possession is a relationship with an estate in land and is property. Like ownership, it represents priority to and exclusivity of land, as represented by an estate. Unfortunately, and perhaps because of the fragmentation of property into a bundle of rights, possession has apparently come to represent varying rights of enjoyment in respect of land. Such applications of the concept-which have taken place in various contexts, but particularly in respect of statutory interests in land-may have had the effect of causing possession to conceptually creep in its representation of particular characteristics. This research identifies circumstances in which possession of land, according to its orthodox conceptualisation in law, has been in recent times, or may be, the subject of a reshaping (including modification) in law by adjudicative methods. In so doing, the research shows that, while there are several cohering links as between various applications of the possession concept outside its application in an orthodox sense, there is an absence of a logical organisation of those links which can assist in our confidently identifying the stable characteristics which the possession concept today represents in law. 2. Chapter 2: Literature review .