Topic 6 concerns the fragmentation of proprietary interests. It provides an examination of what might be loosely referred to as the foundation concepts of land ownership. We examine the doctrine of tenure as relevant in modern Australia but locate the discussion in its important historical context stretching back to the Norman Conquest of England in 1066 and Magna Carta in 1215. This alone gives you an appreciation of the long pedigree and trajectory of property law. We then investigate the doctrine of estates and see how this doctrine is inextricably linked to the doctrine of tenure in providing time-based recognition of interests in land as represented through for example the fee simple interest and the life estate. Within the context of the doctrine of estates, the implications of determinable and conditional interests are investigated as placing limits upon proprietary interests. We proceed to consider the importance of equity and the equitable interest in relation to property, especially land. This then takes us to a consideration of legal future interests. We then reviewed the emergence and development of the trust as part of understanding the fragmentation of proprietary interests, which has significant and abiding implications for how interests in property can be held and ultimately dealt with and enforced by interest holders. We conclude by reviewing reforms to the law governing future interests in Qld.
Readings:
[APL] Ch 3, [3.1-3.74]
Property Law Act 1974 (Qld)
https://www.legislation.qld.gov.au/view/html/inforce/current/act-1974-076
Note: See the Review of Property Law in Queensland facilitated by the Queensland Department of Justice and Attorney-General (in relation to the ss of the PLA discussed in Topic 6 but NB, the PLA is relevant more generally and for LAWS12066 Land Law).
After studying Topic 6 you should be able to:
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This unit was last updated on 04.03.2019