Property Law Guidebook

Second Edition

Chris Davies

Property Law Guidebook

Second Edition

Chris Davies






14 May 2015


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The Property Law Guidebook is your guide to the essentials of property law. It provides a clear and comprehensive outline of the foundation topics in property law in an easy-to-read, student-friendly format. Learn how to link the key concepts from your lectures, textbooks and tutorials to get the most from your study, improve your knowledge of law and develop legal problem-solving skills.

This guidebook will help you navigate through the fundamental points of property law using:
  • clear and concise explanations of what you need to know
  • guidelines for answering questions
  • cases to remember and relevant statutes
  • practical examples of the principles of property law in action
  • think about it questions
  • assessment preparation sections
  • diagrams of difficult concepts
  • a glossary of property law terms
  • up-to-date cases and legislation.


1. Introduction
Australian property law
The classification of property
How does property law link into other areas of law?
2. What is Property?
The definition and concept of property
The human body as property
Intellectual property
3. What is Land?
The meaning of land
Water rights
Mineral resources and mining law
4. The Doctrines of Tenure and Estates
The English feudal system
The doctrine of tenure
The doctrine of estates
The doctrine of waste
Determinable and conditional estates
Future interests
5. Native Title
Common law native title
Statutory native title: The Native Title Act 1993 (Cth)
Extinguishment of native title
6. Co-ownership of Property
The history of co-ownership
Joint tenancy
Tenancy in common
The rights of co-owners
Termination of co-ownership
Strata and Community title
7. Creation and Enforcement of Property Interests
The development of equity
What are legal and equitable interests?
The doctrine of part performance
The doctrine of specific performance
Priorities under the Torrens system
Priorities under the common law
8. The Torrens System
Old system title
The Torrens system
The indefeasibility principle
Limits to the indefeasibility principle
How the caveat system protects equitable interests
Volunteers and Torrens system transactions
Torrens system remedies
9. Mortgages
The nature and creation of common law mortgages
Torrens system mortgages
Rights protecting a mortgagor
10. Leases
The definition of a lease
Creation of leases
Covenants in leases
Options to renew a lease
Determination of leases
Privity of contract and privity of estate
Residential tenancies
Retail shop leases
11. Proprietary Interests in Land Owned by Another Easements
Extinguishment of easements
Restrictive covenants
Table of Cases
Table of Statutes


Chris Davies: Associate Professor in the College of Business, Law and Governance, James Cook University

Student Resources

Sample Pages

Read a sample chapter from Property Law Guidebook:

Chapter 1: Introduction