Posted: September 6th, 2015

Real Property Law.

Question One:
Critically evaluate the following extract from the judgment of Blackburn J in Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141 at 171 as a statement of the nature of proprietary interests:

Question Two:
With reference to both case law and legislation, critically evaluate how the development of Native Title has modified the concept of property in Australia.

Question Three:
Brett MR in Wandsworth Board of Works v United Telephone Company (1884) 13 QBD 904 at 915 referred to the following maxim as a ‘fanciful phrase’:
“the person who owns the land owns it from the heavens above to the centre of the earth below”.
Discuss the extent to which the maxim is an accurate reflection of the law in Australia.

Question Four:
With reference to the decision in Walsh v Lonsdale (1882) 21 CH D 9 discuss the differences between legal and equitable interests in land. You should include specific examples in your answer.

Question Five:
Equity is said to favour tenancy in common. Assess whether the three situations in which equity would presume a tenancy in common are exhaustive, and comment on whether the equitable presumption in favour of a tenancy in common has been altered by the decision of the High Court in Trustees of the Property of Cummins v Cummins (2006) 227 CLR 278.

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