Real Property Law In Queensland

Real Property Law in Queensland gives a clear and concise account of the fundamental principles of real property law as applied in Queensland today. The fifth edition has been revised and updated to deal with developments in real property case law and legislation since the last edition.

Australian Property Law: Cases and Materials, 5th Edition remains a comprehensive collection of statutes, cases and reference material on Australian real and personal property with notes and questions to provoke fuller understanding and matters for reconsideration.

Queensland real estate agents operate in a rapidly evolving and increasingly regulated legal environment. Now in its fourth edition, Real Estate Agency Law in Queensland has been fully updated to take account of the latest developments in legislation, including the associated regime of codes of conduct, standard form contracts, as well as case law.

Designed to help the reader gain a deeper understanding of property law by explaining (in plain language) the analytical framework of the subject.

Real property in the form of investment, ownership and use pervades almost every aspect of daily lives and represents over 40% of Australia’s wealth. Such assets do not exist in isolation – they are dynamic and forever evolving, impacted by a range of physical, economic, demographic, legal and other forces. Consequently, a true appreciation of individual assets and of the property sector as a whole demands an understanding of both the assets themselves and the context and markets in which they exist. The sector is complex and, on the face of it, confusing. It is however, not without logic and underlying themes and principles. This book provides a wider understanding of how the real property sector works. It covers topics such as the nature of real property and its functions, economic drivers, valuation principles, legal and tenure parameters, property taxation, land development and subdivision, asset and property management and sustainability – all critical components in this complex and critically important sector. It provides a wide and balanced perspective for experienced practitioners, investors, students and anyone involved in property decision-making or wishing to secure a deeper understanding of these areas. The book integrates research-based theory with practical application and first-hand insights into a sector that underpins the Australian economy, its communities and its sustainability.

This text examines basic tenets of property law such as the doctrine of estates, legal and equitable interests, methods of registering and prioritising interests in property. It also examines specific property interests and the way in which interest is conveyed, registered and co-ordinated.

The Boundaries of Australian Property Law offers a unique perspective on real property law in Australia. As the overwhelming majority of land interests in Australia now fall under the Torrens title system, this book's particular focus on the development and operation of the Torrens system in Australia is both timely and welcome. Addressing the prescribed Priestly 11 requirements for a property law subject in Australia, this informative and academically rigorous book includes carefully selected statutory material and case law from all Australian jurisdictions, as well as the United Kingdom. The general law system is also discussed and referred to where necessary, to give context and depth to the analysis of real property law. Written by prominent real property law academics from law schools around Australia, and edited by Hossein Esmaeili and Brendan Grigg, this text is a modern and much-needed addition to real property law literature.

This book covers the key legal issues that are pertinent to real estate agents in Queensland. While the central focus of this book is property transactions, it also extends to, and is designed to cover all areas of a real estate practice from preparing contracts, privacy laws to employment issues but does not include property management.

In 1847, in one of the most important cases in Australian legal history, the Chief Justice of NSW, Sir Alfred Stephen, handed down a decision that would have profound implications for both the development of Australian property law and the property rights of the Aboriginal peoples of Australia. The case was Attorney General v Brown, and in his decision Stephen CJ ruled that the laws of property in Australia were governed by feudal principles. The shadow cast by Attorney General v Brown has been a long one, stretching down to the decision in Mabo and beyond. Judicial thinking and much legal scholarship continues to emphasise a connection between the feudal origins of the English law and the state of contemporary Australian property law, thereby perpetuating a "nostalgic" view of Australian property law. This book, in contrast, argues that the feudal imprint on property in Australia had been "washed away" by the early 1860s and that the decades of the early nineteenth century witnessed the making of a distinct Australian property law. Egalitarianism, rather than feudalism, this book argues, shaped the emergence of Australian property law. This book situates legal development in its social and political context, re-evaluating the relationship between political ideas, social values and law reform in early Australia.