By Samantha Hepburn
Australian rules of estate legislations, now in its 3rd version, covers all facets of Australian actual estate legislations. every one bankruptcy has been increased and up to date to include the most recent advancements and theories. Incorporating educational dialogue of old and theoretical concerns underlying the valuables method, in addition to functional dialogue of proper legislative schemes, this texbook is the perfect accompaniment to any undergraduate estate legislations direction. targeting Victorian legislation, the textual content additionally outlines advancements in different states and offers technical factors the place beneficial. it truly is supported all through by way of extracts from a variety of circumstances and fabrics.
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Extra info for Principles of Property Law 2nd edition
Whilst there may be some limitations upon this power, usually in the form of basic standards of wage and minimal legislative safeguards for working environments, those who control the capital generally have the institutional power to sustain the repression of those who do not. Inevitably this perpetuates the division between the ‘haves’ and the ‘have nots’ and results in the segregation of production from need. The rich may lavish money upon extravagant lifestyles when the poor barely have enough to survive.
At common law, wrongful possession of land might give rise to an estate in fee simple with the rightful owner having but a right of re-entry. Property need not necessarily be susceptible of transfer. A common law debt, albeit not assignable, was nonetheless property. Equity brings particular sophistications to the subject… Sometimes it is employed to indicate the physical object to which various legal rights, privileges, etc, relate; then again—with far greater discrimination and accuracy—the word is used to denote the legal interest (or aggregate of legal relations) appertaining to such physical objects.
Sometimes, to ensure a fairer distribution and equal access, property which is considered to be beneficial to society as a whole is owned by the state. The state then regulates this property in accordance with the needs of the community overall. For example, in Australia, everyone has a right of access to beaches and national parks, and the government owns these areas in order to ensure their protection and upkeep for the community as a whole. Ownership may also be restricted where it offends prevailing moral 3 See s 51, para xxxi of the Federal Constitution.