BSBCNV505 - Conveyancing Transaction in Property Law - NBI Australia

This assignment solution delves into various aspects of property law, including the nature of realty and incorporeal hereditaments, fixtures, constitutional provisions related to property, types of tenancies (tenants-in-common, joint tenants), life estates, and the application of legal principles such as caveat emptor. It addresses specific sections of relevant legislation, such as the Sale of Land Act (SOLA) and the Duties Act, in the context of conveyancing transactions. The assignment also covers topics like vendor statements, insurance, leases, mortgages, and the legal implications of contracts with mentally incapable persons. Furthermore, it explores GST implications on rent, the differences between the General Law Title system and the Torrens title system, and the role of legal personal representatives in deceased estates. Desklib offers a wide array of similar solved assignments and study materials for students.

Running head: PROPERTY LAW
PROPERTY LAW
Name of the Student
Name of the University
Author Note

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PROPERTY LAW
1. A combination of Realty and Incorporeal hereditaments
2. F- A combination of Land, Water, improvements fixed to land
3. d) Placed on the land so that a reasonable person would expect it to remain and become
permanent
4. d) The Constitution expressly provides that the States resume and the Commonwealth
acquires
5. b) A chattel
6. e) A combination of Tenants-in-common and Joint tenants above
7. Joint tenants become tenants-in-common
8. I hereby rebut the common law presumptions’
9. To the surviving joint tenant
10. c) Life tenant and remainderman
11. This will be considered as a chattel. The court will further need to analyze whether the
pool is fixed to the ground or not. If the pool is fixed to the ground it will be a fixture.
The surrounding child proof fence will be a chattel as it is nit fixed to the ground.
12. It has been replaced with Consumer Affairs Victoria
13. d) cannot claim an indefeasible title because the registration is void
14. The term signifies let the seller beware. All information which the buyer needs known
has to be provided by the seller.
15. This ruling is in relation to duty concessions for off the plan sales such as land and
building packages and refurbishments. It provides the deemed maximum percentage
amount for different class of refurbishments or buildings which can be sued for the

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PROPERTY LAW
purpose of calculating the percentage of building works percentage with respect to
contracts for off-the-plan sales.
16. Yes in this case section 32I and 32J will be applicable as it is related to disclosing title
and notice
17. No, in this situation it would not entitle them to refuse to settle as the sale of property
contract is silent on the point. According to the parole evidence rule anything which is
not mentioned in a written contract does not form its part.
18. When the estate has been purchased from life tenancy to fee simple it has to be done
through the consent of the other beneficiaries who would get the estate after the death. If
this is not done the purpose will be invalid.
19. The restrictive covenant would be incorporated into the certificate of title through a
written contract between Keiko with Hew and SU.
20. The duties act allow the trustee to transfer land without imposing any duty if it is done to
the beneficiary and the land had been acquired after the trust had been created. In this
case the trust had been created before the land was acquired and thus the transfer of land
to William by his mother will be duty free under the legislation.
21. Never
22. an equitable interest
23. the pawning of goods for a fixed period of time
24. an unpaid seller of goods or land retains (holds) possession as security for payment;
25. creates an equitable estate in land;
26. grants exclusive possession of land;
27. is deemed to have no actual or constructive notice of outstanding interests in property

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PROPERTY LAW
28. allows the mortgagor to recover damages only from the mortgagee;
29. Yes, in this case caveat emptor will apply as William had the knowledge that Rod
intended to use the leasehold for a restaurant, which strictly required use of the 20 car
parking spaces on the title and the information that the space will be used by the
municipality before the settlement.
30. Reckless supply or False information by a vendor under section 27 and 32 is an offence
and it provided a right to the purchaser to rescind the contract and recover any money
when has been deposited. (s 27(8)).
31. NO there are various other matters other than title which are a part of the vender
statement as provided under section 32A-P. it does not act in delivery of any requisitions.
32. Under section 35 of the SOLA it has been provided that the insurance which the vendo
holders has to enure for purchaser’s benefit. Subsection (1) provides that the benefit of
the purchaser has to be enured for and the purchaser has the right to be indemnified by
the insurer under the insurance policy in the manner and extent which the vender would
have been where the land was not sold. Thus as the vender had an insurance the benefit
of the policy would also be passed to Sam.
33. a lease which can be terminated at the will of either the landlord or the Tenant;
34. a lease cannot be created by mere use, and thus only a licence is created; or
35. the landlord shall not directly nor indirectly interfere with the tenant's rights of
possession;
36. Harry and Sue as tenants-in-common cannot co-exist as the joint proprietors of an estate
in fee simple where the shares are unspecified, and therefore are at law joint tenants with
an undivided moiety.

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PROPERTY LAW
37. they equally share both the legal and equitable interests;
38. Passes possession to the pledgee with a right to redeem the debt within a previously
agreed upon period of time.
39. This can be done through
1. Attending the settlement meeting of the agreement.
2. Making contributions to cost of making title
40. Yes, under the duties acts as this is a transfer to a new person stamp duty will be payable
41. The new transfer will make the joint tenancy into a tenancy in common
42. This term would be treated as a prohibited term under section 29B
43. No, this is not possible under section 57 of the Act which states that the tribunal has sole
responsibilities for resolving disputes.
44. There is no obligation in the part of the vendor to dispose illegal buildings. Vendors only
have to disclose a building which falls under the permit of last seven years.
45. Yes, vender needs to disclose this under section 32 of the SOLA
46. (a) No, not required
(b) yes under Planning and zoning information section 32
(c) Yes, under section 50 of the Act
(d) Yes, under the SOLA section 35
(e) To the extent the insurer would have been liable to the vendor
(f) When the purchaser takes possession, the insurance comes to an end as it is no longer
the property of the vendor
(g) Yes the deposits can be released under the provisions of section 27 as finance is not
an exception provided through the section

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PROPERTY LAW
47. Cooling off is dealt with section 31 of the SOLA. The section is applicable in sale of
land where it is not for a commercial use and is more than 20 hectares. Where the parties
have entered into contract for the sale of same land and for the same terms it would not
have a cooling off. However in situation (a) the terms are discussed in more details. This
means that the cool off will be applicable. However the purchase is for industrial purpose
and thus the cool off will not apply. In situation B the cool off will apply as there are 3
days available to reject the contract under section 31.
48. –
49. ---
50. Yes were both tenants and landlord are registred GST will be applicable on the rent and
outgoings
51. The General law title system and the Torrens title system are the 2 systems of land ownership in
Victoria
52. A parent title is a document which provides the description of property before it is consolidated
or subdivided. The identification of a parent title is done through a Volume of folio number. It
also has a cancelled status indicator.
53. A legal personal representatives in respect to deceased estates is a person who
manages the estate of a deceased person as Court-appointed administrator or an executor. In
regards to Deceased Estates, it needs to be considered in relation to Holding of Real
property that the property is being held for reasons realising them and distributing
them to the beneficiaries.
54. The two qualification provide that: The person must not be mentally incapable – these include
unsoundness of mind when the contract took place. The consent to sell or buy must be free- it

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PROPERTY LAW
must not have misrepresentation, coercion, unconscionable conduct, duress or
misrepresentation.
55. A contract with an mentally incapable person will make the contract void in case the person was
having unsound mind which the contract was made.
56. 1 $422. 2 $294, 3 $2,366, 4 $1,646, 5 $11,990, 6 $53,955 (Ass considering not primary place of
residence and no foreign purchaser)
57. 1 $1,847.50, 2 $19,172.50, 3 $7,705.00, 4 $3,580.00, 5 $7,210.00
58. ---
59. Margin schemes are only applicable on property purchased prior to July 2001. In this
case it would not be applicable as the property is purchased in 2003
60. A valid contract makes the parties legally bound to each other and they may be sued for
the breach of contract. On the other hand a void contract has no legal effect.
61.