PRO210A: Land and Property Law - Law Assignment Help

ASSESSMENT BRIEF

Format / Layout of Assessment

Report:

• ICMS Cover Page 
• Table of Contents 
• Executive Summary 
• Introduction 
• Findings 
• Conclusion 
• Recommendations 
• Reference List 
• Appendices 

Assessment instructions

The purpose of this assessment is to undertake a report to demonstrate your knowledge of the various interests in land including adverse possession. You are required to apply your legal knowledge of principles and practice of property law in order to determine key issues relating to land ownership as well as assess the impacts of possession, unregistered interests, leasehold interests and squatter’s rights on land use, development and ownership.

Review the case of McFarland v Gertos [2018] NSWSC 1629 and then prepare a report that addresses the following:

1. Describe briefly how the Torrens Title System operates in relation to real property.

2. Analyse the law in respect of adverse possession.

3. Do you think that this is an ethical basis for determining ownership of real property?

4. Discuss the process by which an individual can apply to be recorded as the registered proprietor in circumstances of adverse possession.

5. When making his judgment, Justice Drake cited the wellknown statement of Bowen CJ in the case of Mulcahy v Curramore Pty Ltd [1974] 2 NSWLR 464 at 475:

“Possession which will cause time to run under the Act is possession which is open, not secret; peaceful, not by force; and adverse, not by consent of the true owner…”

Do you agree with this statement? Support your position using relevant authority.

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