1.1Â Â Â Questions
(a)Â Â Â Now property in English law is either real or personal. Primarily, realty means freehold land; most other kinds of property are personalty. Personal property is a formless subject. For practical purposes, the only true modern definition of personalty is the slightly comic one that it is not realty.â€™
From: E L G Tyler and N E Palmer (eds), Crossley Vainesâ€™ Personal Property (5th ed, 1973) p 3.
Is this statement accurate or inaccurate?
(b)Â Â Â Read Professor Rosalind Croucher, '150 years of Torrens â€” Too much, too little, too soon, too late?' (2009) 31 Australian Bar Review 245; and Dr Paul White 'It still doesnâ€™t seem to register,. Is the Torrens system for real property dealings effective 150 years after its enactment in Australia?' (2008) 16 Australian Property Law Journal 81 (in Materials on iLearn).
Drawing upon these readings, and your own research, is the Torrens title system still the most effective way to deal with real property interests? Â
(c)Â Â Â Read 'Fixtures and Chattels: A Question of More or Lessâ€¦' (in Materials on iLearn) The difference between fixtures and chattels has been a concept with which the courts have struggled. Â
Having regard to the historical basis of the law surrounding fixtures and chattels discuss why the courts have had such a hard time distinguishing the two concepts.
(d)Â Â Â The High Court of Australia had no choice but to confirm the continuation of the doctrine of tenure in the Mabo (No 2) decision.
Do you agree with this statement?
1.2Â Â Â Task
Select any one of these questions and write a 1500-2000 word essay in response.
In addition to reading the stimulus material, you should carry out your own research.
All sources must be properly referenced in your text with complete citations included in a conventionally formatted bibliography. Use the â€œname/dateâ€ or Harvard system of referencing. Footnotes must not be used for referencing but may be used for explanation of things in the text. Incorrect or incomplete referencing will mean loss of marks.
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