Property Law - Roles, Interests, and Principles in Australia

This article discusses the roles and interests in land, including mortgages, covenants, easements, public roads, and public reserves in Australia. It also compares the principles of property law and commercial law in Australia.

Running Head: PROPERTY LAW
Property Law
Name of the Student:
Name of the University:
Author Note

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PROPERTY LAW
Q 1
(a) Land title
A land title can be termed as a bundle of rights which the owner of a property is provided in
relation to such property by the state. This signifies that the property belongs to that person and
he can sell the property or use it in any way he wants.
(b) Real and personal property,
A real property is a property which is fixed to the land such as land and buildings. They are also
known as immovable property. In the other hand a personal property is a a movable property
such as a Car or electronic appliance.
(c) Crown Land,
Any land which is managed and owned by the state government is known as a crown land such
as land retained for environmental purpose.
(d) Freehold,
Freehold title signifies that the property is owned in perpetuity outright. This means that the
property is free from hold by any person other than the owner.
(e) Leasehold,
A leasehold land is described as an ownership of a temporary right of holding a property or land
where the tenent or lessee is provided right in the property via some title from the landlord.

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(f) Joint tenancy,
This is a form of ownership where there is no separate rights of the parties in the property. If a
party dies his or her shares moves to the other joint tenant.
(g) Tenancy in common.
This is a form of ownership where there is separate rights of the parties in the property. If a
party dies his or her shares moves to the legal heirs of the party.
Q 2
Describe briefly the various roles and interests in land including
1. Mortgages
A mortgage can is form of a debt instrument which is secured via a collateral of particular real
property, where the borrower has an obligation to pay back along with interest. These are used
by businesses and individuals to purchase real estate without paying the total money at once. The
loan is repaid over a period of many years and if not paid it may allow the bank or financial
institution which have provided the loan to foreclose the property.
2. Covenants

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A covenant can be described as a type of agreement where a party promises another party to take
an actions (Positive) or not to indulge in specific actions (negative). These are generally the
conditions which had been imposed on the use of land.
3. Easements
Easement is a kind of property right which is provided to a person by the property owner so that
such person can properly use his own property like right to cross or use land for a specific
purpose.
4. Public roads
Public roads are those which belong to the state. The use of these roads can be done by any
person in a manner prescribed by law. Road tax has to be provided by vehicles for using public
roads.
5. Public reserves
The simple definition of a public reserve is a land which has been set aside for the use of the
public. This is a land which has no or few buildings adjoining a town and is maintained for
ornamental and recreational purposes (Turvey 2017).
Q 3
Briefly compare the principles of property law and commercial law as they apply in Australia.
Commercial law which is also called trade law is a part of law which is applicable on the rights,
conducts, liability and relations of people and businesses who are engaged in trade,

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merchandising, sales and commerce. It is a branch of civil dealing with both public and private
law. Commercial law governs areas such as Agency Law, contract law, corporation law,
consumer law and in certain situations tort of negligence. In Australia Commercial Law is
governed by the provision of common law as well as statute law. Common law is applicable in
areas such as contract law, agency law and Negligence. These areas are also governed by statues.
Statues law specifically govern areas like corporation law (Corporation Act 2001(Cth)) and
consumer law (Australian Consumer Law) (Goode, Kronke and McKendrick 2015).
On the other hand Australian property law refers to a system of laws which regulate rights,
responsibility and interest of a person in a property with respect to things. “Things” refer to
ownership or possession of an object. Rights are ordered or prioritized by law and properties are
classified into either tangible or real like land or intangible properties like intellectual properties.
There are a strong relations between property law and commercial law. Real estate agents who
are dealing with properties are mostly subjected to the commercial laws as well such as contract
law, consumer law, agency law and negligence. Property law is governed in Australia by both
common law provisions as well as statue law such as Real Property Act 1862. In Australia the
torres land title system is applicable (Turvey 2017).
Q 4
The city which has been selected by me for the purpose of the assignment is Melbourne . The
city has minimal public housing and very high demand in relation to rental housing which may
not be affordable for all people. The city is planned in a very systematic manner and has all
features to make it a world class city. The city not only has high rises and sky scrapers but also
various public reserves adjoin the city to be used by the general public for the purpose of

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recreation. The city has various hospitals and schools located nearby to a locality which makes it
very convenient for the residents. The feature which I do not like about the city is that there is a
lot of pollution in the city. The town planning has played a significant role in the planning of the
city. It not only takes care of daily activities but also ensures future planning in relation to the
city. Melbourne has the largest network of trams in the world. It has buses, a railway network, a
regional rail network, free way networks, multiple taxi, car hire, and Public bike-hire system and
ports. All these systems are really important because they make travelling very easy for the
public across the city.

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References
Goode, R., Kronke, H. and McKendrick, E., 2015. Transnational commercial law: text, cases,
and materials. Oxford university press.
Turvey, R., 2017. The economics of real property: an analysis of property values and patterns of
use. Routledge.