LAW00052 - Introduction to Land Law - Assignment Help

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LAW00052 - Introduction to Land Law - Assignment Help
Task:

Q1 
Discuss the significance of intention in determining whether or not a chattel is a fixture. When and why is it important to distinguish between a fixture and a chattel?
Marking criteria You will be assessed on your ability to:
• Explain the factors considered by the courts in determining whether something is a fixture or a chattel;
• Explain the circumstances where the difference between fixtures and chattels is important; and
• Fulfill the standard academic requirements regarding referencing, style, argument, coherence, grammar and spelling.

Q2 
How relevant is the cuius est solum maxim when determining the extent of a person’s land ownership above and below the surface in 21st Century Australia? Explain your reasons with
reference to airplanes and minerals.
Marking criteria You will be assessed on your ability to:
• Explain common law rights and limits above and below the surface;
• Fulfill the standard academic requirements regarding referencing, style, argument, coherence, grammar and spelling.

Q3 
The Torrens system was introduced, largely, to overcome the uncertainty of the general law (Old) system title. Ignoring the exceptions to indefeasibility, how successful has the Torrens system been in achieving this goal?
Marking criteria You will be assessed on your ability to:
• Explain Old system and the difficulties in proving good title;
• Explain the steps involved in proving ownership;
• Demonstrate an understanding of the key features of the Torrens title system including indefeasibility of title; and
• Fulfill the standard academic requirements regarding referencing, style, argument, coherence, grammar and spelling.

Q4 
Explain the difference between fraud and rights in personam with reference to Bahr v Nicholay.

Marking criteria You will be assessed on your ability to:
• Explain the application of the two above exceptions to indefeasibilty by reference to Bahr v Nicholay and judgments contained therein (where relevant); and
• Fulfill the standard academic requirements regarding referencing, style, argument, coherence, grammar and spelling.

Q5 
Ben and Barbara were married for 25 years and purchased a house in Sydney as joint tenants, a family home in which their two children were raised. Ben fell in love with Jill, a much younger woman whom he worked with, and they commenced a secret affair. Barbara’s suspicions concerning Ben’s affair were confirmed by a private detective who also revealed that Jill was six months pregnant with Ben’s child.
Barbara decided she would sever the joint tenancy to ensure that her estate would pass to her children on her death and not to Ben and ‘that’ woman. What is the legal effect (common law or equity) of each of the following transactions? Explain your answers.
a) Barbara leaves her share of the house to her children in her will; (3 marks)
b) Barbara decides to transfer her title to her brother for no consideration where he would hold it in trust for her. Sadly, before she completes the transfer she is killed in a car accident;
c) Barbara registers a transfer of her joint tenancy to herself as a tenant in common. 
Marking criteria  You will be assessed on your ability to:
• Explain the major characteristics of a joint tenancy;
• Describe the issues and cite relevant cases, rules and/or statutes for each transaction;
• Correctly describe the legal effect of each of each transaction; and
• Fulfill the standard academic requirements regarding referencing, style, argument, coherence, grammar and spelling.

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