LAW 316 PROPERTY LAW FINAL EXAM NOTES!
|
|
- Lesley Peters
- 5 years ago
- Views:
Transcription
1 LAW 316 PROPERTY LAW FINAL EXAM NOTES!! LAW 316 PROPERTY LAW FINAL EXAM NOTES! 1! MORTGAGES! 4! what is a mortgage?! 4! old system mortgages! 4! torrens title! 5! freehold! 5! Gurfinkel v Bentley Pty Ltd (1966) 116 CLR 98! 6! leasehold! 6! clogs on equity of redemption! 6! extinguishment of right to redeem! 7! postponement of right to redeem! 7! Knightsbridge Estates Trust Ltd v Byrne [1939] Ch 441! 7! collateral advantages! 8! Kreglinger v New Patagonia Meat and Cold Storage Co Ltd [1914] AC 25! 8! penalties! 9! statutory intervention! 9! relationship debt! 10! rights and remedies! 10! priorities! 12! LEASES! 12! creating a lease! 13! substantive requirements! 13! formal requirements! 13! types of leases at common law! 15! covenants in leases! 16! enforceability of covenants! 18! EASEMENTS! 21! Elements of an easement from Re Ellensborough Park [1956] Ch 131! 22! creation of easements! 23! Implied grant! 23! 1
2 Extinguishment! 24! covenants! 28! PERSONAL PROPERTY! 28! Chose in possession v chose in action! 28! Ownership and Possession! 29! Finders law! 30! Transfer of ownership of personal property! 32! Gifts! 34! theories and contemporary issues! 35! Cases! 35! what is property?! 37! cases! 37! theories! 37! Historical developments in property (textbook)! 38! boundary between property and other rights (textbook)! 42! Yanner v Eaton [1999] HCA 53; 201 CLR 351;! 50! CASE NOTES! 52! BRESKVAR V WALL (1971) 126 CLR 376! 52! Introduction! 52! Exposition! 52! Facts! 52! Decisional History! 52! Judgements! 52! Analysis! 52! Principles/Assumptions for Reasonings! 54! Policy Implications! 54! Conclusion! 54! BOGDANOVIC V KOTEFF (1988) 12 NSWLR 472! 54! Introduction! 54! Exposition! 54! Facts! 54! Decisional History! 54! Judgements! 54! Analysis! 54! Principles/Assumptions for Reasonings! 55! Policy Implications! 55! 2
3 Conclusion! 56! CLOS FARMING ESTATES V EASTON [2002] NSWCA 389! 56! Introduction! 56! Exposition! 56! Facts! 56! Decisional History! 56! Judgements! 56! Analysis! 56! Principles/Assumptions for Reasonings! 58! Policy Implications! 58! Conclusion! 59! MCGRATH V CAMPBELL (2006) NSWLR 229! 59! Introduction! 59! Exposition! 59! Facts! 59! Decisional History! 59! Judgements! 59! Analysis! 60! Principles/Assumptions for Reasonings! 61! Policy Implications! 61! Conclusion! 61! SUN NORTH INVESTMENTS PTY LTD V DALE [2013] QSC 44! 61! Introduction! 61! Exposition! 61! Facts! 61! Decisional History! 62! Judgements! 62! Analysis! 62! Principles/Assumptions for Reasonings! 63! Policy Implications! 63! Conclusion! 63 3
4 mortgages! what is a mortgage?! 1. Torrens Title: Security interest by way of charge! 1. i.e. security holder gain rights over the property, e.g. right to sell the property! 1. does not give right to acquisition of title! 2. Old system is security by way of ownership (because title to house is the security)! 2. registered under Torrens Title! 1. unregistered mortgages may have to be death with according to old system principles: King Investment Solutions v Hussain [2005] NSWSC 1076 (Campbell J at [44])! old system mortgages! 1. Over land! 1. Legal mortgage! 1. mortgagor conveys legal estate to mortgagee as security for a loan, which is reconveyed upon payment of debt! 2. deadline usually set very soon after, so many mortgagors lost title! 2. Equitable mortgage! 1. second mortgage using land as security was impossible, since no longer in possession (nemo dat rule)! 1. so mortgagor s could only mortgage their equity of redemption! 1. this would be an equitable mortgage! 2. can then, maybe, do a third mortgage on the equity of redemption, albeit one that is diminished! 2. also when legal interest incomplete, e.g. deed not properly executed, but writing exists in form of express or implied contract! 1. this applies the Walsh v Lonsdale (1882) 21 Ch D 9 principle, i.e. equity looks on that as done which ought to be done! 3. also equitable mortgage by deposit of title deeds! 1. part performance! 1. usually would need writing to form an equitable mortgage, as per s 23C of the Conveyancing Act 1919 (NSW), but sufficient part performance forms an exception to this: ANZ Banking Group v Widin (1990) 26 FCR 21! 2. over leasehold! 1. arises by assignment of the remainder of the lease, or by subleasing! 1. by assignment requires a deed and binds mortgagee to original covenants! 4
5 1. s 78(1)(D) of the Conveyancing Act tempers implies a series of covenants that must be fulfilled! 2. by sublease (more popular)! 1. grant to the mortgagee of a term, just short of the residue, of the lease! 2. usually contains a proviso! 1. causes a surrender by the mortgagee on repayment of the debt! 2. mortgagee, in obtaining a sublease, is not liable for the covenants in original head lease! torrens title! freehold! 1. Registered (legal)! 1. ss 56(1) and 57 of the RPA! 2. although not a transfer of title, mortgagee receives all benefits of indefeasibility upon registration of mortgage: Lyons v Lyons [1967] VR 169! 3. legal interest is in form of a charge, not title! 1. therefore, nothing preventing mortgagor from creating a strong of mortgages, registered or not! 1. not necessarily equitable mortgages either! 2. however, terms of original mortgage may prohibit further mortgages breach of such terms would be breach of the original mortgage! 2. also means no need to redeem title after mortgage paid: Forsyth v Blundell (1973) 129 CLR 447! 2. Equitable mortgages! 1. can be though number of ways, including:! 1. completion and execution of mortgage instrument in statutory form which is not registered: Barry v Heider (1914) 19 CLR 197; J & H Just (Holdings) Pty Ltd v Bank of New South Wales (1971) 125 CLR 546; Windella (NSW) Pty Ltd v Hughes (1999( NSW ConvR ! 2. implied agreement to give a mortgage, e.g. deposit of Folio of Register as security for money advanced! 1. old system principles apply here! 2. Theodore v Mistford Pty Ltd (2005) 221 CLR 612! 3. express but informal agreement to give a mortgage! 2. equitable mortgages on equitable interests, e.g. mortgage of a beneficiary s interest in a Torrens property! 5
6 3. Possible to execute registered transfer of Torrens title land with intention of only securing a debt! 1. equity looks beyond form to the intention of the parties! 1. if intention was clearly security, then will be considered a security! 1. but since transfer of title, equity of redemption applies! Gurfinkel v Bentley Pty Ltd (1966) 116 CLR 98! 4. P transferred property, of which he was registered proprietor subject to 2 mortgages, to D! 5. found that this transaction, though it looked like a sale, was in substance a loan only! 1. P was to buy back property at higher price than sale price (value higher than sale price even)! 2. P remained on property! 3. P said he was a person who was illiterate and in financial distress, and not in good position to negotiate well, and ergo D took adv of P! 6. P lost in 3/2 split, as difference between mortgage and sale with right of repurchase! 7. Also Atia v Nusbaum [2011] QSC 44! 1. son executed mortgage in favour of mother to amount of $1million registered as a 2nd mortgage! 2. mother unhappy with son s partner, and enforced mortgage! 1. found that agreement not a sham, defendant (mother) had not represented or agreed that she would not seek repayment of the agreed amount! 8. can be protected by caveat: Sander v Twigg (1877) 13 VLR 765; Lapin v Abigail (1930) 44 CLR 166 at 1934; Gurfinkel v Bentley Pty Ltd (1966) 116 CLR 98! 9. this is all in contradiction to ss 39, 39C and 57(1) of the RPA, which requires mortgages to be executed and registered in the approved form! 10. justice in not disadvantaging mortgagor may explain this! leasehold! 1. if leasehold loans mortgages, mortgage takes effect as statutory charge! 1. power of sale and foreclosure available to mortgagee: ss 57 and 64 RPA! clogs on equity of redemption! 1. being able to have property returned to you is a key part of mortgages! 1. terms that prevent this, set the redemption rate unfeasibly far in the future, or fetter property with oppressive collateral terms which extend beyond redemptions, all are clogs on equity of redemption! 1. where found, equity will ignore the formal terms and permit mortgagor to redeem on repayment! 6
7 1. courts will obviously not ignore rights of mortgagee, ensuring essential nature of mortgage remains intact, and that the mortgagor does not serve to acquire some collateral advantage, e.g. exclusive dealership or supplier: Toohey v Gunther (1928) 41 CLR 181, where Toohey was to be exclusive supplier to Gunther! 1. today, this is violation of s 47 of Competition and Consumer Act 2010 (Cth)! 2. Noakes & Co Ltd v Rice [1902] AC 24 at 30 stresses importance of redemption! 2. note: move from formal requirements to unconscionability! extinguishment of right to redeem! 1. mortgage will not be valid if:! 1. denies right to redeem! 2. impedes or is designed to prevent redemption: Fairclough v Swan Brewery Co Ltd [1912] AC 565 at 570.! 1. mor 17 years left of lease, entered into mortgage that allowed only monthly installments for next 17 years! 1. lease would expire when mortgage did! 2. this held to be void as mortgagor would only be able to redeem property once the interest in it had expired so brought forward the date of redemption! 1. NOTE: such instalments held valid in Santley v Wilde [1899], but this decision has been criticised in Noakes v Rice! 2. hence, no terms that allow claiming of property before redemption date! 3. reserves an inetrest in the property after right to redeem has been exercised: Samuel v Jarrah Timber and Wood Paving Corp Ltd [1904] AC 323 at 326! 2. once a mortgage, always a mortgage: Seton v Slade (1802) 32 ER 108 at 111! postponement of right to redeem! 1. setting time for redemption must be reasonable! 1. reasonableness determined by nature of security, accepted practices for mortgages or that tupe, and reasonable expectations of the mortgagor! 2. not always consistent 28 years void in Morgan v Jeffreys but 20 years valid in Davis v Symons! Knightsbridge Estates Trust Ltd v Byrne [1939] Ch 441! 2. mortgagor required to pay off debt in 40 years! 3. held not to be a clog! 1. clogs only when redemption becomes illusory, or it is unconscionable to delay that much! years deemed reasonable! 4. note: National Credit Code may cover residential mortgages, and so, may regulate when they are to be repaid! 7
8 collateral advantages! 1. advantage that extends beyond the repayment of the loan including interest! 1. e.g. agreement to purchase goods from the lender as designated supplier! 2. this is seen as burdening the property! 1. if only operational until date of redemption, then not void: Biggs v Hodinot [1898] 2 Ch 307! 2. unreasonable not permitted: Esso Petroleum Co Ltd v Harper s Garage (Stourport) Ltd [1968] AC 269! Kreglinger v New Patagonia Meat and Cold Storage Co Ltd [1914] AC 25! 2. K agreed to lend money to P for 5 years, which was repaid in 2.5! 1. issue was whether a trade tie valid! 1. was to remain effective until end of 5 years! 2. meant that P to prvode K with sheepskins at the best proce offered by other potential purchasers of skins! 1. if K didn t want skin, could be sold to others, but K would retain some commission! 3. P wanted to stop after loan paid! 2. HoL held that not a clog on redemption as skins agreement separate to loan! 1. although at same time, different in substance! 2. relevant question was: were they in substance a single and undivided contract or two distinct contracts?! 1. In Toohey v Gunther, held to be same contract, hence clog! 3. In Noakes v Rice, owner of pub mortgaged lease to brewery for 26 years, and also agreed to buy malt from brewery whilst lease remained on foot, even if mortgage repaid! 1. HoL held this to fetter the interest in the property (the lease), as it lessens availability of the property in the hands of the tenant during the period and beyond the period of the term! 1. should be free! 2. in Biggs v Hoddinott, similar facts, but held not to be clog since trade tie ended with mortgage! 4. Eased up on tolerating collateral advantages in Westfield Holdings Ltd v Australian Capital Televesion Pty Ltd (1992) 32 NSWLR 194 (Young J) requiring that the collateral advantage be unconscionable! 1. Barrett J agreed with this in Lift Capital Partners Pty Ltd v Merrill Lynch International (2009) 73 NSWLR 404! 1. Lift made loans to clients, who used that money to buy shares on stock exchange! 1. Lift borrowed money from Merrill Lynch! 8
Torres Title I: Indefeasibility and Exceptions Chapter 7: Mortgages... 18
TABLE OF CONTENTS Torrens Title: Unregistered Interests Under Torrens System... 3 Characterising unregistered interests... 3 The operation of caveats... 4 The distinction between unregistered legal and
More informationLaw of Land Tenure in Papua New Guinea
Melanesia Law Series Law of Land Tenure in Papua New Guinea Professor Rudolph W. James Port Moresby Melanesia Law Publishers 2011 Foreword Preface Acknowledgement Table of Cases Table of Statues Glossary
More informationThe learner can: 1.1 Distinguish between real property and personal property. 1.2 Explain what is meant by Land
Unit 4 Title: Land Law Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand what is meant by Land 2 Understand what will be purchased in a Land transaction Assessment criteria The
More informationPROPERTY LAW SUMMARY LAWSKOOL.CO.UK LAWSKOOL PTY LTD
PROPERTY LAW SUMMARY LAWSKOOL.CO.UK LAWSKOOL PTY LTD CONTENTS DEFINITIONS OF PROPERTY 4 BASIC DEFINITION OF PROPERTY 4 PROPERTY ABOVE LAND 4 Higher stratum of airspace 4 Lower stratum of airspace 4 Guidelines
More information(a) who the persons, or each group of persons, holding the common or group rights comprising the native title are; and
Native Title History! Despite the international recognition of Indigenous or native people in other sovereign countries! Australia s common law system did not formally recognise native right like it does
More informationLAWS2383 Land Law Notes
LAWS2383 Land Law Notes Native title and Crown grants... 4 Determinable and conditional interests... 4 Legal future interests... 4 Fundamental concepts... 5 Recognised property rights... 5 Contracts and
More informationReal Property Law Notes
Real Property Law Notes PART I: THE CREATION AND ACQUISITION OF PROPERTY INTERESTS IN LAND... 3 1 An Introduction to Real Property Law... 3 2 An Introduction to the Torrens System of Land Title... 3 2.1
More informationLand Titling Law and Practice in NSW
Table of Contents Land Titling Law and Practice in NSW Stilianou Preliminary Preface, Tables, Index 1. Legal Aspects of Land Titling 2. The Registrar-General and the Registrar-General s Directions 3. The
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2017
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JANUARY 2017 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationSubstantive requirements of the easement What are the bundle must the grantor intended to invest in the grantee for the easement to be created?
Two types of easements Positive easements o Concept: A positive easement allows the owner of the dominant land the right to do something on the servient land Examples: the right to enter into the land
More informationIssues Relating To Commercial Leasing. AUSTRALIA Clayton Utz
Issues Relating To Commercial Leasing AUSTRALIA Clayton Utz CONTACT INFORMATION Peter McMahon Clayton Utz 1 O'Connell Street, Sydney NSW 2000 +61 2 9353 4000 pmcmahon@claytonutz.com www.claytonutz.com
More informationConstruing conveyancing documents a major change in the Court s approach
Construing conveyancing documents a major change in the Court s approach The recent Court of Appeal decision in Cherry Tree Investments Limited v Landmain Limited [2012] EWCA Civ 736 concerns the construction
More informationMORTGAGE PART 1 (This area for Land Title Office use) Page 1 of pages
LAND TITLE ACT FORM B (Section 219.1) Province of British Columbia MORTGAGE PART 1 (This area for Land Title Office use) Page 1 of pages 1. APPLICATION: (Name, address, phone number and signature of applicant,
More informationIf Person A is registered under Torrens à but exceptions arise: Neither party registered + watch out for postponing conduct:
REAL PROPERTY TORRENSà ANSWER SCAFFOLDS Priority between two people: The parties of (Person A) and (Person B) are embroiled in a title dispute over the property of (name of property). (Person A) wishes
More information1.1 Explain the nature and the characteristics of a lease
Title Residential and Commercial Leasehold Conveyancing Level 3 Credit value 7 (Registered land only) Learning outcomes The learner will: Assessment criteria The learner can Knowledge, understanding and
More informationTommy, as an unregistered party, must have an equitable interest in the property to claim ownership.
PROPERTY EXAM SEMESTER 2012 Question 2 Tommy, as an unregistered party, must have an equitable interest in the property to claim ownership. Eddie, as the beneficiary of Anna s will, had an unregistered
More informationProperty Law exam notes
Property Law exam notes Ordinary claim skeleton To weave in authority (case and legislation): is authority for the proposition that. In these circumstances therefore. is authority that there is justification
More informationAn easement is an incorporeal hereditament, an interest which does not give the owner right to physical possession.
Easement An easement is a right which the owner of land (known as dominant tenement) has over another land (servient tenement) to compel the owner of servient tenement to allow something to be done on
More informationLegal Business. Overview Of Mortgagee s Remedies Of Foreclosure And Power Of Sale
Memoranda on legal and business issues and concerns for multiple industry and business communities Overview Of Mortgagee s Remedies Of Foreclosure And Power Of Sale 1 Rajah & Tann 4 Battery Road #26-01
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS - JANUARY 2016
Note to Candidates and Tuts: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS - JANUARY 2016 The purpose of the suggested answers is to provide students and tuts with guidance as to the key points students
More informationsee schedule 3. ENCUMBRANCES, LIENS AND INTERESTS The within document is subject to instrument number(s)
MORTGAGE Form 6.1 Mortgage Encumbrance Mortgage of Mortgage/Encumbrance 1. MORTGAGOR(S)/GRANTOR(S) OF ENCUMBRANCE (Encumbrancee(s)) 2. LAND DESCRIPTION TITLE NO.(S) MORTGAGE/ENCUMBRANCE NO.(S) 3. ENCUMBRANCES,
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JUNE 2010
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JUNE 2010 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should
More information1. Before discussing mortgages, it might be useful to refer to certain aspects of the law relating to security.
Subject: MORTGAGE: CERTAIN LEGAL ISSUES 1. Before discussing mortgages, it might be useful to refer to certain aspects of the law relating to security. a) Where a third person assures a creditor that if
More information1.1 Explain the nature and the characteristics of a lease.
Title Residential and Commercial Leasehold Conveyancing Level 3 Credit value 7 (Registered land only) Learning outcomes The learner will: 1. Understand the nature of a lease. Assessment criteria The learner
More informationREAL PROPERTY (LAWS2017) FINAL NOTES. TOPIC 1: INTRODUCTION, PRIORITY AND s 184G
REAL PROPERTY (LAWS2017) FINAL NOTES Disclaimer: These notes represent the author s organisation of Associate Professor Fiona Burns lectures, her annotated Unit of Study Outline, Dr Scott Grattan s tutorials
More informationReal Property LAWS5017 Templates
Real Property LAWS5017 Templates 1 CO- OWNERSHIP: Step 1: Identify the relationship TENANTS IN COMMON A. There is a presumption that a conveyance of property to multiple people creates a tenancy in common
More informationPLEASE DO NOT REMOVE THIS QUESTION BOOKLET FROM THE EXAM ROOM. PROPERTY: SAMPLE OBJECTIVE QUESTIONS. Professor Donahue. Date. Time
Exam Identification Number: PLEASE DO NOT REMOVE THIS QUESTION BOOKLET FROM THE EXAM ROOM. PROPERTY: SAMPLE OBJECTIVE QUESTIONS Professor Donahue Date Time PART I [I mocked this up to make it look as much
More informationPrinciples of Property Law: Exam Notes Trimester 2, 2016
Principles of Property Law: Exam Notes Trimester 2, 2016 Concepts of Property 4 Property rights v Contractual rights 4 Recognition of New Property Types 5 Classification of Property 6 Doctrine of Fixtures
More informationCONTENTS Aspects of Co-ownership; Rights of co-owners; severance; sale and partition... 5 Leases and Licences... 27
CONTENTS 3. Aspects of Co-ownership; Rights of co-owners; severance; sale and partition... 5 3.1. Types of Co-ownership... 5 3.1.1. Introduction... 5 3.1.2. Joint Tenancy... 6 3.1.3. Tenancy in Common...
More informationUPDATE 143 DECEMBER 2016 BAALMAN AND WELLS LAND TITLES OFFICE PRACTICE. Frank Ticehurst. Currently updated by Greg Stilianou
UPDATE 143 DECEMBER 2016 BAALMAN AND WELLS LAND TITLES OFFICE PRACTICE Frank Ticehurst Currently updated by Greg Stilianou Material Code 41906264 Print Post Approved PP255003/00332 Thomson Reuters (Professional)
More informationPriorities of Interests in Registered Land. Kester Lees Falcon Chambers
Priorities of Interests in Registered Land Kester Lees Falcon Chambers OVERVIEW This seminar will cover: 1. How to protect an interest on the Register of Title. 2. The rules under Land Registration Act
More informationThe Bank of Nova Scotia Collateral Mortgage NOTES TO SOLICITORS
The Bank of Nova Scotia Collateral Mortgage (Land Titles Act and Registry Act) Standard Charge Terms No. 200012 NOTES TO SOLICITORS Notes for Solicitors not using e-reg 1 Discard Electronic Document Agreement
More informationLesson 5: Encumbrances. Encumbrances. Real Estate Principles of Georgia. Encumbrances. Financial vs. Non-financial
Real Estate Principles of Georgia Lesson 5: Encumbrances 1 of 64 105 Encumbrances Encumbrance: A nonpossessory interest in real property held by someone other than the owner. Does not give ownership or
More informationPROBLEM SOLVING: EASEMENTS
PROBLEM SOLVING: EASEMENTS Step 1 Write heading Parties/Interests Party name is the registered proprietor of the property (hereafter the property ). Party name is claiming an easement over the neighbouring
More informationEasements, Covenants and Profits à Prendre Executive Summary
Easements, Covenants and Profits à Prendre Executive Summary Consultation Paper No 186 (Summary) 28 March 2008 EASEMENTS, COVENANTS AND PROFITS À PRENDRE: A CONSULTATION PAPER EXECUTIVE SUMMARY 1.1 This
More information11/5/2015. Kevin Heaney, Crowley Fleck, PLLP. Montana Land Title Association Fall Education Seminar
Montana Land Title Association 2015 Fall Education Seminar The Difference Between Mortgages and Trust Indentures in the Foreclosure Process November 5, 2015 Kevin Heaney, Crowley Fleck, PLLP Familiarize
More informationIllinois Compiled Statutes Commercial Code Uniform Commercial Code 810 ILCS 5/
Illinois Compiled Statutes Commercial Code Uniform Commercial Code 810 ILCS 5/ (810 ILCS 5/) PART 1. GENERAL PROVISIONS (810 ILCS 5/2A-101) Sec. 2A-101. Short title. This Article shall be known and may
More informationSYLLABUS. Law REAL ESTATE TRANSACTIONS AND LITIGATION. II. REAL ESTATE BROKERS AND SALES AGENTS (August 27; September 3)
SYLLABUS Law 257 - REAL ESTATE TRANSACTIONS AND LITIGATION I. COURSE OVERVIEW/INTRODUCTION (August 27) II. REAL ESTATE BROKERS AND SALES AGENTS (August 27; September 3) A. INTRODUCTION B. SOURCES OF RELEVANT
More informationThe Personal Property Securities Act 2009 (Cth)
The Personal Property Securities Act 2009 (Cth) The Personal Property Securities Act 2009 (Cth) ( Act ) creates a single national law governing security interests and similar transactions with respect
More informationRESERVED INSTRUMENT ACTIVITY CERTIFICATION RULES
RESERVED INSTRUMENT ACTIVITY CERTIFICATION RULES DEFINITIONS 1. In these Rules, except where otherwise indicated: Conveyancing Certificate means: a Conveyancing Practice Rights Certificate identified in
More informationDUBLIN SOLICITORS CPD 26 TH March 2015 THE LAND AND CONVEYANCING LAW REFROM ACT 2009 IMPACT FOR CONVEYANCING PRACTITIONERS
DUBLIN SOLICITORS CPD 26 TH March 2015 THE LAND AND CONVEYANCING LAW REFROM ACT 2009 IMPACT FOR CONVEYANCING PRACTITIONERS Codification and Simplification were the key aims behind the Act. The Act removed
More information- 1 - Property Address:
1 March 2012 version Property Address: CONTRACT OF SALE OF REAL ESTATE PARTICULARS OF SALE Part 1 of the standard form of contract prescribed by the Estate Agents (Contracts) Regulations 2008 The vendor
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: Dwyer v Derek & Anor [2003] QSC 274 PARTIES: JEFFERY SEAN DWYER (applicant) v RITA MARIA-ANGELA DEREK (first respondent) JOHN ALEXANDER DEREK (second respondent) JEFFERY
More informationPrinciples of Lease Documentation
Principles of Lease Documentation A presentation made to The 2003 ELA Lease Accountants Conference Edward K. Gross Ober, Kaler, Grimes & Shriver ekgross@ober ober.com Introduction Lessor s Motivations
More informationHong Kong Bar Association's comments on Land Titles Ordinance Draft Amendment Bill ( version)
Hong Kong Bar Association's comments on Land Titles Ordinance Draft Amendment Bill (16-6-06 version) Introduction The Bar refers to the letter dated 10 th July 2006 from the Land Registrar whereby the
More informationTRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
After Recording Return to: Snohomish County Planning and Development Services TDR Program Manager 3000 Rockefeller Ave. M/S #604 Everett, WA 98201 Tax Parcel Numbers: TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION
More informationSt Andrew s House Trust Ordinance 2015
St Andrew s House Trust Ordinance 2015 (Reprinted under the Interpretation Ordinance 1985.) The St Andrew s House Trust Ordinance 2015 as amended by the Borrowing Limits of Diocesan Organisations Amendment
More informationThe Clogging Rule. Contemporaneous Option as Clog
Uphoff borrows $200K from Lambert to pay his gambling debts Lambert takes a mortgage on Uphoff s home (worth $300K) Lambert also has Uphoff deliver a deed conveying the home to Lambert Side agreement by
More informationTransfer of Land Formalities
Transfer of Land Formalities may hold have a proprietary or equitable interest in the land if the request formalities are satisfied or a specifically enforceable contract exists. Formalities For GLL a
More informationpayment, interest or annuity secured or any part thereof or performance or observance of any covenant expressed in any Mortgage or Charge 1
A Mortgagees Remedies Following Default of a Mortgagor G&G A Mortgagee, also known as the lender, has several statutory remedies. These remedies are embodied in the Registration of Titles Act (RTA) of
More informationContract of Sale of Real Estate
Contract of Sale of Real Estate Vendor: Chloe Melinda Biggin(formerly Pollard) Property: 275 Humffray Street North, Ballarat CONTRACT OF SALE OF REAL ESTATE Part 1 of the standard form of contract prescribed
More informationPREVENTING THE ACQUISITION OF A RIGHT OF LIGHT BY A CONSENT WITHIN SECTION 3 PRESCRIPTION ACT 1832 HOW CAN IT BE DONE AND WHAT PITFALLS ARE THERE?
PREVENTING THE ACQUISITION OF A RIGHT OF LIGHT BY A CONSENT WITHIN SECTION 3 PRESCRIPTION ACT 1832 HOW CAN IT BE DONE AND WHAT PITFALLS ARE THERE? By Andrew Francis, Barrister Serle Court, 6 New Square,
More informationTHE THAI BUSINESS SECURITY ACT
THE THAI BUSINESS SECURITY ACT 1. BACKGROUND The Business Security Act B.E. 2558 (2015) (the BSA ), which came into effect as of 1 July 2016, is intended to address the need to facilitate a business enterprise
More informationREAL AND PERSONAL PROPERTY (68 PA.C.S.) - PRIVATE TRANSFER FEE OBLIGATIONS Act of Jun. 24, 2011, P.L. 40, No. 8 Session of 2011 No.
REAL AND PERSONAL PROPERTY (68 PA.C.S.) - PRIVATE TRANSFER FEE OBLIGATIONS Act of Jun. 24, 2011, P.L. 40, No. 8 Cl. 68 Session of 2011 No. 2011-8 HB 442 AN ACT Amending Title 68 (Real and Personal Property)
More informationChapter 13 Bankruptcy. Next Assignments. In re Edry
Next Assignments Pages 700 743 (Distribution of Proceeds; Lien Revival; Statutory Redemption; Deficiency Judgments) Pages 574 585 (Merger; Deeds in Lieu of Foreclosure; Short Sales ) Chapter 13 Bankruptcy
More informationCITATION: Sertari Pty Ltd v Nirimba Developments Pty Ltd [2007] NSWCA 324
NEW SOUTH WALES COURT OF APPEAL CITATION: Sertari Pty Ltd v Nirimba Developments Pty Ltd [2007] NSWCA 324 FILE NUMBER(S): 40202 of 2007 HEARING DATE(S): 30 July 2007 JUDGMENT DATE: 15 November 2007 PARTIES:
More informationTopic 6 Non-Statutory Exceptions to Indefeasibility
Topic 6 Non-Statutory Exceptions to Indefeasibility In Personam Exceptions Registration will not change or affect the personal, legal or equitable obligations that registered proprietors may be subject
More informationIN THE COURT OF APPEAL BETWEEN. COLONIAL HOMES AND COMMERCIAL PROPERTIES LIMITED Formerly called BALMAIN PARK LIMITED AND
THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE COURT OF APPEAL CIVIL APPEAL No. 47 OF 2007 BETWEEN COLONIAL HOMES AND COMMERCIAL PROPERTIES LIMITED Formerly called BALMAIN PARK LIMITED AND APPELLANT KASSINATH
More informationTRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
After Recording Return to: Kitsap County Department of Community Development TDR Program Manager 614 Division St., MS-36 Port Orchard, Washington 98366 TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
More informationDistribution of Sale Proceeds. Distribution of Sale Proceeds [p. 788] Distribution: Nonjudicial Sale. Distribution: Nonjudicial Sale
Distribution of Sale Proceeds [p. 788] Liens extinguished by sale are transferred to proceeds Order of distribution ( waterfall ): First, to costs of sale Then, to unpaid balance due to foreclosing mortgagee
More informationISSUES RELATING TO COMMERCIAL LEASING. U.S.A., ALABAMA Maynard, Cooper & Gale, P.C.
ISSUES RELATING TO COMMERCIAL LEASING U.S.A., ALABAMA Maynard, Cooper & Gale, P.C. CONTACT INFORMATION Robert R. Sexton Maynard, Cooper & Gale, P.C. 1901 Sixth Avenue North 2400 Regions/Harbert Plaza Birmingham,
More informationHSBC plc v Dyche, HSBC plc v Collelldevall [2009] EWHC 2954 High Court
UNLOCKING LAND LAW Update August 2011 Thompson v Foy [2010] 1 P & CR 16 High Court Issues: Actual occupation; priority under Land Registration Act 2002; undue influence and proprietary estoppel Facts:
More informationDEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND TRANSFER OF CHAMONIX VAIL RESIDENTIAL DWELLING UNITS
DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND TRANSFER OF CHAMONIX VAIL RESIDENTIAL DWELLING UNITS THIS DEED RESTRICTION AGREEMENT (the "Agreement") is entered into this day of, 201_ (the "Effective
More informationTitle goes here. Application to Register an Easement/ Profit-à-Prendre Acquired by Prescription.
Application to Register an Easement/ Profit-à-Prendre Acquired by Prescription. eamonn.morris@prai.ie Topics 1. Characteristics of an Easement. 2. Acquisition of an Easement. 3. Prescription Law Timeline.
More informationAssignment of Lease As Collateral Security
Please complete this form in full and submit in duplicate; incomplete forms will be returned. This Assignment Effective as of the day of, 20 for Property Number Between: Ministry of Environment Assignment
More informationContract of Sale of Real Estate
Contract of Sale of Real Estate Vendor: Anthony Paul Smith and Lauren Ashlea Hollioake Property: 117 Canadian Lakes Boulevard, Canadian CONTRACT OF SALE OF REAL ESTATE Part 1 of the standard form of contract
More informationThe central concerns of property law
2 The central concerns of property law Introduction We saw in the previous chapter that property encompasses not only ownership but also a wide range of other rights. In this chapter, an attempt will be
More informationLEASEHOLD ISSUES MASTERCLASS POWERS OF LEASING AND THE EFFECT OF A SURRENDER. Gary Cowen, Falcon Chambers
LEASEHOLD ISSUES MASTERCLASS POWERS OF LEASING AND THE EFFECT OF A SURRENDER Gary Cowen, Falcon Chambers 1. In this presentation, I shall consider the powers of leasing and of accepting a surrender where
More informationDEED RESTRICTION AGREEMENT
DEED RESTRICTION AGREEMENT THIS DEED RESTRICTION AGREEMENT (the "Agreement") is entered into this day of, 2018 (the "Effective Date") by and between the Town of Vail, Colorado, a Colorado home rule municipality
More informationRIGHTS OF SECURED CREDITOR UNDER THE SECURITISATION ACT AGAINST TENANTED SECURED ASSET
RIGHTS OF SECURED CREDITOR UNDER THE SECURITISATION ACT AGAINST TENANTED SECURED ASSET Supreme Court Judgment on Harsh Govardhan Sondagar v. International Assets Reconstruction Company Ltd - A Shot In
More informationGENERAL TERMS AND CONDITIONS OF QUOTATION & SALE
A.B.N. 98 000 101 315 FACTORY/SALES 106 LONG STREET, SMITHFIELD, NSW 2164 TEL: 02 9757 3833 FAX: 02 9757 3844 A C CO U N T S / PA Y M E N T S PO B0X 755, MATRAVILLE 2036 TEL: 9316 9933 FAX: 9316 8133 8
More informationCONTRACT OF SALE OF REAL ESTATE 1
CONTRACT OF SALE OF REAL ESTATE * Part 1 of the form of contract published by the Law Institute of Victoria Limited and The Real Estate Institute of Victoria Ltd 1980. Property address:... The vendor agrees
More informationDeed of Agreement for Lease [in relation to Connection Contract Contestable ASP/1 Connection]
Deed of Agreement for Lease [in relation to Connection Contract Contestable ASP/1 Connection] Instructions for completion We recommend you obtain legal advice before signing this document. Complete Items
More informationTo be vested or not to be vested that is the declaration by Denis Barlin, FTIA, Barrister, 13 Wentworth Selborne Chambers
FEATURE To be vested or not to be vested that is the declaration by Denis Barlin, FTIA, Barrister, 13 Wentworth Selborne Chambers Abstract: A recent stamp duty decision by the New South Wales Court of
More informationH 7816 S T A T E O F R H O D E I S L A N D
LC001 01 -- H 1 S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO TAXATION -- TAX SALES Introduced By: Representative Robert E. Craven Date Introduced:
More informationEquitable assignment of future property Dispositions of equitable interests and the requirement of writing... 47
Table of Contents 2 Week Seven: Co-Ownership... 4 Joint tenancy... 4 Tenancy in common... 4 Severance of joint tenancy... 9 Rights and obligations of co-owners... 16 Termination of co-ownership... 19 Week
More informationH 7816 AS AMENDED S T A T E O F R H O D E I S L A N D
======== LC001 ======== 01 -- H 1 AS AMENDED S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 01 A N A C T RELATING TO TAXATION -- TAX SALES Introduced By: Representative Robert
More informationPPSA retention of title property
PPSA retention of title property Introduction Retention of title property, in general terms, describes any property which is in the possession of one party (pursuant to the terms of some agreement) but
More informationLAWS2017, Semester REAL PROPERTY TABLE OF CONTENTS
REAL PROPERTY TABLE OF CONTENTS Lecture 1A: Introduction & Old System Title... 11 Introduction... 11 Deeds... 11 General overview of priority rules:... 11 o Prior equitable, later legal... 11 o Prior legal,
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JUNE 2012
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS JUNE 2012 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students should
More informationCONDOMINIUM MORTGAGE FINANCING
CONDOMINIUM MORTGAGE FINANCING INTRODUCTION: Condominium mortgage financing is generally in one of two forms. During development of the project, the owner/declarant will have blanket mortgage financing
More informationBANK FINANCE AND REGULATION Multi-Jurisdictional Survey SECURITY OVER COLLATERAL. USA - MINNESOTA Briggs and Morgan, P.A.
BANK FINANCE AND REGULATION Multi-Jurisdictional Survey SECURITY OVER COLLATERAL USA - MINNESOTA Briggs and Morgan, P.A. CONTACT INFORMATION Steven J. Ryan Briggs and Morgan, P.A. 2200 IDS Center 80 S.
More informationGENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 HOUSE BILL 174 RATIFIED BILL
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 HOUSE BILL 174 RATIFIED BILL AN ACT TO AMEND AND ENHANCE CERTAIN NOTICE REQUIREMENTS AND PROTECTIONS FOR TENANTS OF REAL PROPERTIES IN FORECLOSURE AND TO
More informationSincerity Among Landlords & Tenants
Sincerity Among Landlords & Tenants By Mark Alexander, founder of "The Landlords Union" Several people who are looking to rent a property want to stay for the long term, especially when they have children
More informationREGISTRATION OF TITLES BILL, 2013 ARRANGEMENT OF CLAUSES
REGISTRATION OF TITLES BILL, 2013 ARRANGEMENT OF CLAUSES PART 1 PRELIMINARY 8 1 Short title 8 2 Purposes of this Act [new] 8 3 Relationship to other laws [RTA 2] 9 4 Definitions and interpretation [RTA
More informationaddress address branch address Fee Simple Absolute See Schedule G attached
Form 15.1 Collateral Mortgage Land Titles Act, S.N.B. 1981, c.l-1.1, s.25 Standard Forms of Conveyances Act, S.N.B. 1980, c.s-12.2, s.2 Parcel Identifier: Mortgagor: name address name address Spouse of:
More informationStandard Legal Fees Explained
Standard Legal Fees Explained Information about purchase transactions can be found on page 4. Remortgage Transaction If stated in the Offer of Loan, Bank of Ireland UK will pay for the legal fees and disbursements
More informationSec DEFINITIONS. In this chapter:
Foreclosure in Texas Texas is a non-judicial foreclosure state. A foreclosure proceeding in Texas is like a Motion for Summary Judgement. And as Sergeant Major Basil Plumley stated: Gentlemen, prepare
More informationSenate Bill No. 301 Senator Smith
Senate Bill No. 301 Senator Smith CHAPTER... AN ACT relating to taxation; requiring a county treasurer to assign a tax lien against a parcel of real property located within the county if an assignment
More informationLAING: On land law. 1. Licences:
LAING: On land law. Topics: 1. Licences 2. Leasehold Interests 3. Strata Title 4. Native Title 5. Boundaries 6. Easements 7. Mortgages 8. Co-ownership 9. Covenants 1. Licences: Licence: 1. A permission,
More informationIMMOVABLE PROPERTY (SPECIFIC PERFORMANCE) ORDINANCE 2012
Ordinance 16 of 2012 Published in Gazette No. 1657 of 25th June 2012 IMMOVABLE PROPERTY (SPECIFIC PERFORMANCE) ORDINANCE 2012 Contents 1. Short title and commencement 2. Interpretation 3. Formalities necessary
More informationMEMORANDUM OF PROVISIONS
MEMORANDUM OF PROVISIONS REGISTERED NUMBER STATE or TERRITORY 11540965 SOUTH AUSTRALIA AA1740 VICTORIA 372133 NORTHERN TERRITORY 713720896 QUEENSLAND AG75613 L556608 NEW SOUTH WALES WESTERN AUSTRALIA 2020552
More informationConveyancing Glossary of Terms
J E Baring & Co 63-66 Hatton Garden London EC1N 8LE Telephone: 020 7242 8966 Email : info@jebaring.co.uk www.jebaring.co.uk Conveyancing Glossary of Terms Absent Landlord Describes position where on a
More informationCHAPTER Council Substitute for House Bill No. 643
CHAPTER 2008-79 Council Substitute for House Bill No. 643 An act relating to foreclosure fraud; creating s. 501.1377, F.S.; providing legislative findings and intent with respect to the need to protect
More informationRead and Examined by Proofreaders: Proofreader. Sealed with the Great Seal and presented to the Governor, for his approval this day of at o'clock, M.
N1 UNOFFICIAL COPY OF SENATE BILL 761 EMERGENCY BILL (5lr1509) ENROLLED BILL -- Judicial Proceedings/Environmental Matters and Economic Matters -- Introduced by Senator Frosh Read and Examined by Proofreaders:
More informationthe preparation, execution and registration of the Charge and any other instruments connected herewith;
$9,3/,7/,7 0 %0728 3 4,3/ #0 897,9 43 #01472 9 This set of STANDARD CHARGE TERMS shallbedeemedtobeincludedineverychargeinwhichthesetisreferredtobyits filing number, as provided in section 9 of the above
More informationLAND LAW CLASS NOTES
LAND LAW CLASS NOTES All contracts for sale of land- in writing, s 54A. s 23c =not relevant CLASS 1 Land is influenced by: Soil, topography and climate Native title 1. Crown grants When the colonial and
More informationLEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS - JANUARY 2015
Note to Candidates and Tutors: LEVEL 3 - UNIT 4 LAND LAW SUGGESTED ANSWERS - JANUARY 2015 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students
More informationLAWS3112 Law of Property B. Lecture Notes
LAWS3112 Law of Property B Lecture Notes Contents Lecture 1 Introduction to the Torrens system and indefeasibility... 7 Key features of the Torrens system... 8 The Torrens system in Queensland... 8 Lecture
More informationAnnex A STRATA TITLE LAW DIFC LAW NO. 5 OF Amended and Restated
Annex A STRATA TITLE LAW DIFC LAW NO. 5 OF 2007 Amended and Restated CONTENTS PART 1: GENERAL 1 1. Title... 1 2. Legislative Authority... 1 3. Application of this Law... 1 4. Purpose of this Law... 1 5.
More information