The Boundaries of Australian Property Law offers a unique perspective on real property law in Australia. As the overwhelming majority of land interests in Australia now fall under the Torrens title system, this book's particular focus on the development and operation of the Torrens system in Australia is both timely and welcome. Addressing the prescribed Priestly 11 requirements for a property law subject in Australia, this informative and academically rigorous book includes carefully selected statutory material and case law from all Australian jurisdictions, as well as the United Kingdom. The general law system is also discussed and referred to where necessary, to give context and depth to the analysis of real property law. Written by prominent real property law academics from law schools around Australia, and edited by Hossein Esmaeili and Brendan Grigg, this text is a modern and much-needed addition to real property law literature.
1. Property: concept, rational, contexts Peter D. Burdon; 2. The emergence of the Torrens System in Australia Greg Taylor; 3. Fundamental concepts for Australian real property law: tenure, estates, possession and adverse possession Brendan Grigg; 4. Torrens title: registered and unregistered interests Brendan Grigg; 5. Boundaries of land, fixtures and ownership of minerals and resources: the search for certainty Hossein Esmaeili; 6. Native title Peter D. Burdon; 7. Co-ownership: the interplay of common law, equity and the Torrens System Jane Knowler; 8. Strata title, community title and residential tenancies: changing how we live Bronwen Leroy; 9. Property, choice and obligation: the Australian law of leases and licences Paul Babie; 10. The power of subsidiary interests in land to shape our world: the Australian law of easements Paul Babie; 11. Restrictive covenants and the Torrens System Hossein Esmaeili; 12. The Torrens System mortgage: mortgagor protection under the common law, in equity and under statute Natalie Skead.
Hossein Esmaeili is an Associate Professor of Law and the Associate Dean (International) of Flinders University Law School. He previously taught at the School of Law, University of New England, at the Faculty of Law, University of New South Wales and at the School of Law, University of Western Sydney. Hossein's teaching areas include real property law, equity and trusts, immigration and refugee law, comparative law and public international law. He has authored and co-edited a number of books and monographs including The Legal Regime of Offshore Oil Rigs in International Law (2001). Hossein has published scholarly articles in leading law journals in Australia, Europe and the United States. He is the co-editor of the Flinders Law Journal and co-rapporteur of the International Law Association Committee on Islamic law and International Law. Brendan Grigg is a Senior Lecturer at the Flinders University Law School. Before joining the Flinders University in 2010 he practised in native title law and environmental law, working in both the public and private sector. At the Flinders University Law School Brendan teaches in property law, environmental law and in equity and trusts as well as in legal skills. He is the co-author of Effective Legal Writing (2013) and has published scholarly articles and book chapters in environmental law.
