Week 1 What is land · Land includes fixture o Depends on the degree and purpose of annexation (Holland v Hodgson) . Extent of land is defined as 'ordinary [reasonable] use and enjoyment of land' o For sky: (Bernstein of Leigh v Skyviews & General Ltd) o For land (Di Napoli v new Beach Apartments Pty Ltd ) or s179 Right to support of land and buildings Doctrine Doctrine of Tenure: sovereign enjoys supreme legal authority in and over a territory, the sovereign has power to prescribe what parcels of land and what interests in those parcels should be enjoyed by others (Mabo v Queensland (No 2)) Doctrine of Estate: Relationship between tenant and land. Describes the interest in land Estate Freehold, Fee Simple: the lawful right to exercise over, upon, and in respect to, the land, every act of ownership which can enter into the imagination, including the right to commit unlimited waste (Commonwealth v. New South Wales) BUT fee simple "does not preclude the subsequent exercise of legislative power in respect of the land" (Spencer v ACT; Burns v Queensland) Also consider plenary & ample powers of Constitution Freehold, Life Estate: interest in land over course of person's life Crown Leasehold: unique form of tenure for long period of time Power of Allocation Constitution Act 1867 (Qld) s 30 Land Act 1994 (Qld) s14 Week 3 . Tenants in common: shares (which need not be equal . Joint ownership: As a group they own the entire property & 'Right of survivorship' applies (Peldan v Anderson) o Unity of title o Unity of time acquired o Unity of possession; and o Unity of interest: interest must be same in nature, exten & duration · Creation of co-ownership requires express word but presumption: " Common law = Joint Tenant UNLESS · Absence of unitieis . Words of severance . Intention to create tenancy in common (Re Rose (deceased) cf re Barber ) o Equity = Tenants in Common " Where different contributions towards purchase (Robinson v Preston)
" Money lent by two or more persons on security of mortgage (Morley v Bird) " Acquired as partnership asset (Lake v Craddock) · S35 PLA: disposition of beneficial interest in any property to or for 2 or more persons, whether with or without legal interest, together beneficially shall be construed as made to or for them as tenants in common o Joint legatees not sufficient to create joint tenancy (Mole v Ross) o S 35(2) does not apply to executors, trustees, mortgagees · In registering transferring interest to co-owners. Register as teneants in common (Land Title Act s 56) Rights and Obligations of co-owners Alienation (e.g. sale/transfer) . In action for sale, court may direct accounts to be take to ascertain and adjust rights of parties (s 42(b) PLA) · Can join together to create transfer to interest (Parker v Sell) o Cannot bind title of other co-owners (Farrelly v Hirock) o Can dispose own interest on any terms (Robertson v Barry)