Reflective Study

Running head: REFLECTIVE STUDY
REFLECTIVE STUDY
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1REFLECTIVE STUDY
In common law countries, fee simple rights is definitely the law that is related to the
freehold ownership in the real estate land and property. Australia is one of the countries which is
adapting to the community living lifestyle very fast. The Strata title comprises of various
jurisdiction boundaries that facilitates the construction of laws which are fair and perfect1. In
order to incorporate the fee simple rights, the development along with the ownership for the
individuals can subsist under the residential, retail, commercial, caravan parks, service
apartments, resorts and others. This particular principle came into being by the Government of
New South Wales which faced troubles to borrow cash from the residential entities which were
given on lease legally. Act 1961 was enacted on 1st July 1961 (Commonwealth of Australia,
2012). Though the retail lease came into reality in 1994 by the New South Wales Government, it
presently excludes no one from paying lease for a residential or commercial land or construction.
All these actions were regarded as a common law for everyone who resides in the country.
Fee simple rights in the constitution of Australia engages in a fundamental endeavor for
making ownership and structure of the lease payment much simpler and easier with little bit
inhibition of the government. As per section 51 of the Australian Constitution, it is held that all
the owners of the property rights are determined and is about to be altered as per the
governmental rules and regulations2. But part 2 of the act denotes that a leased out retail
construction cannot be advertised as per the disclosure form enumerated in the contract of Strata
title. It is proposed according to section 4 (1) of the NSW act 1994, that the firstly the nature and
type of the estate has to be considered prior to making changes or alterations in the land
dynamics. The Australian constitution states that all the land units which are made to be part of
or already a part of the fee simple, must be strong enough to refer it as a common land. It also
1 Sherry, Cathy. Strata Title Property Rights: Private governance of multi-owned properties. Routledge, 2016.
2 Act, C. O. R. P. O. R. A. T. I. O. N. S. "the Constitution." Constitution (2019): 13.