Australian Land Law Essay Writing

Welcome to our free land law essays section. Here you will find some popular free land law essays which have been submitted to us by our student friends for publishing, with their permission, to help you with your own land law essay writing.

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Popular Land Law Essays

The essay extracts below are the ones that are most searched for and used by our Australian land law students. Please remember to use these free land law essays as research material and reference them if you use any quotes.

Holland v Hodgson (1872) LR 7 CP 328

In this case spinning looms bolted to the floor of the factory of a spinner and stuff manufacturer were attached other than by their own weight and were therefore held to be fixtures of the property. The looms were attached to the stone floor of the mill premises by means of nails driven through holes in the feet of the loom, in some cases into beams which had been built into the stone, and in other cases into plugs of wood driven into holes drilled in the stone for that purpose. They could be detached without serious damage to the flooring. Read more...

Jones v Bartlett (2000) 205 CLR 166

This case is authority for the fact that the duty of a landlord does not require the commissioning of experts to look for latent defects.

Chief Justice Gleeson stated: "There is no such thing as absolute safety. All residential premises contain hazards to their occupants and to visitors. Most dwelling houses could be made safer, if safety were the only consideration. The fact that a house could be made safer does not mean it is dangerous or defective. Safety standards imposed by legislation or regulation recognise a need to balance safety with other factors, including cost, convenience, aesthetics and practicality. The standards in force at the time of the lease reflect this… That, it is true, is merely the way the standards were framed, and it does not pre-empt the common law. But it reflects common sense." Read more...

Raineri v Miles (1981) Ac 1050; (1980) CLJ 21

In this case it was held that a clause within a contract for the sale of land providing for completion on a specified day could not in the absence of a clear context, be construed as meaning that completion could take place within a reasonable period after the date fixed. Read more...

Rogers v Hosegood [1900] 2 Ch 388

In this case it was considered whether a covenant ran with the land in circumstances where the purchaser was not aware of the covenants given by the purchaser of other lots. The land was conveyed by the owners and mortgagees with a covenant in favour of the owners that the land would not be used for anything other than a single dwelling house, and later a second lot adjoining the first was conveyed on the same basis. Then a subsequent purchaser bought other nearby land separated by one lot from the first purchaser’s land and entered into a covenant that he should not build more than two dwelling houses on the land. The second purchaser was however unaware of the covenants in the first two conveyances. The intervening land was sold to the first purchaser without any covenant. Later the covenants over the first two lots released by the vendors and the claimant bought two other lots nearby. Read more...

Voli v Inglewood Shire Council (1963) 110 CLR

The plaintiff was injured by the collapse of a stage in a hall occupied by the defendant council. The hall had been hired to an association, but without the association becoming a tenant, for the purpose of its use by the plaintiff and his fellow members, and perhaps without the plaintiff himself entering into contractual relations with the occupier. Read more...

Buckinghamshire County Council v Moran (1988) 86 LGR 472

In this case Slade LJ stated that:

"Possession is never 'adverse' within the meaning of the 1980 Act if it is enjoyed under a lawful title. If, therefore, a person occupies or uses land by licence of the owner with the paper title and his licence has not been duly determined, he cannot be treated as having been in 'adverse possession' as against the owner of the paper title". Read more...