[Solution]Law and Legal Issues: PROPERTY LAW

RESEARCH ASSIGNMENT Instructions: This is a research assignment on key principles of NSW land law. You are required to answer BOTH Question 1 and Question…

RESEARCH ASSIGNMENT
Instructions:

This is a research assignment on key principles of NSW land law.
You are required to answer BOTH Question 1 and Question 2.
The questions are of equal value – don’t find an answer – find arguments in answer.

 

In preparing your answers, you are required to read more widely than the prescribed readings. The additional references in Webb & Stephenson, and the references lists on Moodle will provide a good starting point.
Layout (Introduction, 3 decent points/paragraphs, conclusion)
In your answers you should refer to cases and statutory provisions which are relevant to the law in NSW.
Start each of the two questions on a new page and indicate clearly which question you are answering.
You must comply with the Referencing Style Guide.

Word limit: 2000 words total – i.e. 1000 words for each question.
 
Question One:
In the High Court decisionR v Toohey; Ex parte Meneling Station Pty Ltd [1982] HCA 69, Mason J stated:
Assignability is not in all circumstances an essential characteristic of a right of property. Nonetheless, it is generally correct to say … that a proprietary right must be ‘capable in its nature of assumption by third parties’.
Discuss the extent to which the right to alienate is the fundamental feature which characterises proprietary rights. You should support your view with reference to specific examples of property interests.
Note: It is not a requirement of this question that you consider the nature of Native Title rights, however you may choose to do so if the nature of Native Title rights is of interest to you.
Question Two:
The main feature which distinguishes equitable proprietary rights from legal proprietary rights is the manner in which each of these types of rights is created.
Critically evaluate this statement.
In your answer you should:

Consider the differences in the rules regarding creation of legal and equitable rights 
over real property;
Indicate whether you think there are other features which distinguish legal rights from 
equitable rights over real property; and
Refer to at least two examples of specific legal and equitable rights to support yourview.

 
 SELECTED REFERENCES LIST*
Key Statutes:
Conveyancing Act 1919 (NSW)
Interpretation Act 1987 (NSW)
Limitation Act 1969 (NSW)
Real Property Act 1900 (NSW)
 Succession Act 2006 (NSW)

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