Read e-book online Australian Essential Real Property (Cavendish Essential) PDF

By Geoff Moore

ISBN-10: 1876905174

ISBN-13: 9781876905170

Every one name within the Australian crucial sequence is determined out in a similar fashion for ease of reference. Chapters open with a list after which cross directly to specialize in 'Essential' matters, exam themes, exploring parts of dialogue and supplying insights into tough parts. The books are excellent revision aids for college kids.

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Example text

Tenant’s fixtures In addition to an item of personal property being a chattel or being a fixture, there is a third possible outcome where the item of personal property was brought onto the land by a tenant who is one-half of a relationship between either: • a landlord and a tenant; or • a life tenant and a remainderman. The life tenant/remainderman relationship is where a person leaves a property to, say, ‘my spouse for life, remainder to my eldest child’. Here the spouse is a life tenant, who alone holds an interest in the property until death.

Section 26 of the Access Act deals with compensation, providing that: (1) A Local Court may order that a person to whom an access order is granted pay compensation to the owner of the land to which access is granted for loss, damage or injury, including damage to personal property, financial loss and personal injury arising from the access. (2) Compensation is not payable under this section for loss of privacy or inconvenience suffered by the owner solely as a result of access authorised by the access order or solely because of the making of the order.

16 Essential Real Property Different forms of relief Where the court decides to grant relief, it may order the ownership of the land on which the encroachment stands to be transferred. This occurred in McGeever v Kritsotakis (1992) and also in a number of South Australian decisions: Carlin v Mladenovic (2000); Gladwell v Steen (2000); and Bunney v South Australia (2000). The court may, in its discretion, grant a lesser interest, such as: • an easement: Re Marsh (1941); Kostis v Devitt (1979); Ward v Griffiths (1987); or • an easement for the life of the encroachment: Cantamessa v Sanderson (1993); or • a lease, the possibility of which was recognised in Kostis v Devitt (1979).

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Australian Essential Real Property (Cavendish Essential) by Geoff Moore


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