JUST 5750 - Property Law: Title Research Assignment & Legal Concepts

This report provides an analysis of property law principles and concepts based on a title research assignment. It examines the registered proprietor, land description, plan details, and the effect of land dealings. The report also discusses encumbrances and other features related to the property. David James Pingree applied for transferring the property which is registered on 26/08/2005 under the section 98 Transfer of Land Act 1958 or selection 24 Subdivision Act 1988. The plan was certified under section 6 of the Subdivision Act 1988. The obligation of public open space in section 18 of the Subdivision Act 1988 has been completed. David James Pingree is the sole owner of the property. The report concludes by highlighting potential obstacles in the plan and suggesting possible solutions. Desklib provides a range of resources, including past papers and solved assignments, to support students in their academic endeavors.

Property Law Principals and Concepts

Table of Contents
Introduction.................................................................................................................................................3
Name(s) of the current registered proprietor(s) and explanation of the type of ownership..........................3
Description of the land................................................................................................................................3
Details of the plan........................................................................................................................................4
Effect of registration of dealing with lands such as a transfer or mortgage.................................................4
Encumbrances.............................................................................................................................................4
Other features..............................................................................................................................................5
Conclusion...................................................................................................................................................5
References...................................................................................................................................................6

Introduction
David James Pingree has applied for transferring the property which is registered on 26/08/2005
under the section 98 Transfer of Land Act 1958 or selection 24 Subdivision Act 1988. The plan
was certified under section 6 of the Subdivision Act 1988. The obligation of public open space in
section 18 of the Subdivision Act 1988 has been completed. David James Pingree is the sole
owner of the property.
Current registered proprietor and the type of ownership
The property is registered on the name of David James Pingree of 15 Hibiscus Court Kilmore
Vic 3764 AD837496V registered on 26/08/2005. He applied for transferring the property under
the section 98 Transfer of Land Act 1958 or selection 24 Subdivision Act 1988 and many other
hindrances show or arrived on the plan set out under Diagram Location1. David James Pingree is
the sole possessor of the property. In the listed land, who have arrived into the proprietorship
record becoming the listed owner of the property is supposed to have the authority for dealing
with the land as an owner.
Description of the land
David James Pingree has a property in Lot 69 Plan of subdivision 332584S. The present title
volume of the property is 10594 Folio 869 and it is created by instrument X614142Y stage 6
25/07/2001. David James Pingree has applied for transferring the property under the Land Act
1958. Estate in the land can be considered as degree, nature, quantity or extent of interest that an
individual has in real property or land. It also considered being an ownership interest within an
area of land with a defined geographical location. A real estate owner enjoy the same rights that
an owner of the property do, such as the right to possess it, having control on it, to enjoy it and
excluding it form others and also the right of disposing of it by selling, abandoning, grifting or
bequeathing it which is called alienation by lawyers2. However, there are three alternative
1 Adrian J Bradbrook and Adrian J Bradbrook, Australian Real Property Law (Lawbook Co., 6th ed,
2011).
2 William van Caenegem, Intellectual Property Law In Australia (Wolters Kluwer Law & Business,
3rd ed, 2010).

scenarios; the registered owner is considered to be the sole owner and reasonable of the property,
registered owner is the sole legal proprietor and have the title of equability on trust for somebody
else, the registered owner considered to be the sole owner and hold the title of equitable on trust
for him or herself and other equitable owners. Though, possession or ownership of the real
property is considered to be more complex than it could be for personal property.
Details of the plan
David James Pingree has applied for a master plan. Postal address of the last plan reference was
Anderson Road Kilmore 3764 at the time of the subdivision. The plan was certified according to
the section 6 of the Subdivision Act 19883. The obligation of open space for public according to
the section 18 of the Subdivision Act 1988 has been completed. The requirement is for satisfying
in stage 2. The purpose of the plan was the supply of the water.
Effect of registration of dealing with lands such as a transfer or mortgage
Determining and defining the concept of the property and also the base for transferring and
holding a land, analysis of different type of properties in real estate and also evaluate the
suggestions for the owner of any of the different interest, Analysis and assess of the various
methods that can help an individual for proving that they possess a particular interest in land,
evaluation and analysis of common law title and the disposition of common law holdings, assess
and Identification of the main characteristics of the Torrens title system in regards to the proof
and transfer of possession of an interest in porperty, Examination of the nature of possessory
title, examination of the nature of the state which are considered to be less than freehold, that
might encumber freehold states, establishment of the nature of the mortgage's function at
common law and within the Transfer of Land's operation and the last one is to assessed and
analysis of easement and covenant's basic nature and functions4.
3 Callie Harvey, Cornerstones Of Australian Law (Tilde University Press, 3rd ed, 2009).
4 Andrew T Kenyon, Landmarks In Australian Intellectual Property Law (Cambridge University
Press, 5th ed, 2009).

Encumbrances
There must be one single dwelling house and no parts which consist any prefabricate pre-existing
building or dwelling house. The habitable area must not be less than 140 square meters including
the exterior wall but excluding verandah. Garages and outbuilding should not below than 70% of
all outside walls of block, block veneer, stone and roof of tiles or non-reflective materials. Any
garage shed or outbuilding no part of which shall have walls or roof of a reflective material or
pre-used construction materials5.
Other features
The transfer with the commitment that the advantage of this Covenant shall be devoted to and
run at law in equity with each and every Lot of the Plan of the Subdivision. Each and every part
thereof and that the burden of this covenant shall be occupied to and run at law and in equity
with Lot 96 hereby moved Do Hereby for themselves their heirs administrators and transferees
the registered proprietor or proprietors for the time being of Lot 69 hereby moved and every part
thereof and the person deriving title under them jointly and severally6.
Conclusion
There are some obstructions in the plan of David James Pingree like the habitable area must not
be less than 140 square meters including the exterior wall but excluding verandah. Garages and
outbuilding should not below than 70% of all outside walls of block, block veneer, stone and
roof of tiles or non-reflective materials. Though, these obstacles can be managed by David James
Pingree.
5 Buckner F Melton, The Law (Chelsea House Publishers, 3rd ed, 2010).
6 Geoff Thomas, Cornerstone Law Series (Law Society of South Australia, 4th ed, 2010).

References
Bradbrook, Adrian J and Adrian J Bradbrook, Australian Real Property Law (Lawbook Co., 6th
ed, 2011)
Caenegem, William van, Intellectual Property Law In Australia (Wolters Kluwer Law &
Business, 3rd ed, 2010)
Harvey, Callie, Cornerstones Of Australian Law (Tilde University Press, 3rd ed, 2009)
Kenyon, Andrew T, Landmarks In Australian Intellectual Property Law (Cambridge University
Press, 5th ed, 2009)
Melton, Buckner F, The Law (Chelsea House Publishers, 3rd ed, 2010)
Thomas, Geoff, Cornerstone Law Series (Law Society of South Australia, 4th ed, 2010)