Blackacre Sydney University Law Society Annual Yearbook 2017
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water
Florida State University Law Review Volume 3 Issue 4 Article 1 Fall 1975 The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water Glenn J. MacGrady Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Admiralty Commons, and the Water Law Commons Recommended Citation Glenn J. MacGrady, The Navigability Concept in the Civil and Common Law: Historical Development, Current Importance, and Some Doctrines That Don't Hold Water, 3 Fla. St. U. L. Rev. 511 (1975) . https://ir.law.fsu.edu/lr/vol3/iss4/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 3 FALL 1975 NUMBER 4 THE NAVIGABILITY CONCEPT IN THE CIVIL AND COMMON LAW: HISTORICAL DEVELOPMENT, CURRENT IMPORTANCE, AND SOME DOCTRINES THAT DON'T HOLD WATER GLENN J. MACGRADY TABLE OF CONTENTS I. INTRODUCTION ---------------------------- . ...... ..... ......... 513 II. ROMAN LAW AND THE CIVIL LAW . ........... 515 A. Pre-Roman Legal Conceptions 515 B. Roman Law . .... .. ... 517 1. Rivers ------------------- 519 a. "Public" v. "Private" Rivers --- 519 b. Ownership of a River and Its Submerged Bed..--- 522 c. N avigable R ivers ..........................................- 528 2. Ownership of the Foreshore 530 C. Civil Law Countries: Spain and France--------- ------------- 534 1. Spanish Law----------- 536 2. French Law ----------------------------------------------------------------542 III. ENGLISH COMMON LAw ANTECEDENTS OF AMERICAN DOCTRINE -- --------------- 545 A. -
The Law of Property
THE LAW OF PROPERTY SUPPLEMENTAL READINGS Class 14 Professor Robert T. Farley, JD/LLM PROPERTY KEYED TO DUKEMINIER/KRIER/ALEXANDER/SCHILL SIXTH EDITION Calvin Massey Professor of Law, University of California, Hastings College of the Law The Emanuel Lo,w Outlines Series /\SPEN PUBLISHERS 76 Ninth Avenue, New York, NY 10011 http://lawschool.aspenpublishers.com 29 CHAPTER 2 FREEHOLD ESTATES ChapterScope ------------------- This chapter examines the freehold estates - the various ways in which people can own land. Here are the most important points in this chapter. ■ The various freehold estates are contemporary adaptations of medieval ideas about land owner ship. Past notions, even when no longer relevant, persist but ought not do so. ■ Estates are rights to present possession of land. An estate in land is a legal construct, something apart fromthe land itself. Estates are abstract, figments of our legal imagination; land is real and tangible. An estate can, and does, travel from person to person, or change its nature or duration, while the landjust sits there, spinning calmly through space. ■ The fee simple absolute is the most important estate. The feesimple absolute is what we normally think of when we think of ownership. A fee simple absolute is capable of enduringforever though, obviously, no single owner of it will last so long. ■ Other estates endure for a lesser time than forever; they are either capable of expiring sooner or will definitely do so. ■ The life estate is a right to possession forthe life of some living person, usually (but not always) the owner of the life estate. It is sure to expire because none of us lives forever. -
Question 5 Prior to 1975, Andy Owned Blackacre in Fee Simple Absolute. In
Question 5 Prior to 1975, Andy owned Blackacre in fee simple absolute. In 1975, Andy by written deed conveyed Blackacre to Beth and Chris “jointly with right of survivorship.” The deed provides: “If Blackacre, or any portion of Blackacre, is transferred to a third party, either individually or jointly, by Beth or Chris, Andy shall have the right to immediately re-enter and repossess Blackacre.” In 1976, without the knowledge of Chris, Beth conveyed her interest in Blackacre to Frank. In 1977, Beth and Frank died in a car accident. Frank did not leave a will and his only living relative at the time of his death was his cousin Mona. In 1978, Chris and Andy learned that Beth had conveyed her interest in Blackacre to Frank. When Mona approached Chris a day later to discuss her interest in Blackacre, Chris told her that he was the sole owner of Blackacre and she had no interest in Blackacre. Chris posted “No Trespassing” signs on Blackacre. He also paid all of the expenses, insurance, and taxes on Blackacre. Andy and Mona have never taken any action against Chris’ possession of Blackacre. 1. What right, title, or interest in Blackacre, if any, did Andy initially convey to Beth, Chris, and himself? Discuss. 2. What right, title, or interest in Blackacre, if any, are held by Andy, Chris, and Mona? Discuss. 56 Answer A to Question 5 1. WHAT RIGHT, TITLE OR INTEREST IN BLACKACRE DID ANDY INITIALLY CONVEY TO BETH, CHRIS, AND HIMSELF? Andy owned Blackacre in fee simple absolute, which indicates absolute ownership and means he had the full right to convey Blackacre. -
Volume 05 | 2017 the Age of Statutes Judicial College of Victoria Journal Volume 05 | 2017
Judicial College of Victoria Journal Volume 05 | 2017 The Age of Statutes Judicial College of Victoria Journal Volume 05 | 2017 Citation: This journal can be cited as (2017) 5 JCVJ. Guest Editor: The Hon Chief Justice Marilyn Warren AC ISSN: ISSN 2203-675X Published in Melbourne by the Judicial College of Victoria. About the Judicial College of Victoria Journal The Judicial College of Victoria Journal provides practitioners and the wider legal community with a glimpse into materials previously prepared for the Judicial College of Victoria as part of its ongoing role of providing judicial education. Papers published in this journal address issues that include substantive law, judicial skills and the interface between judges and society. This journal highlights common themes in modern judicial education, including the importance of peer learning, judicial independence and interdisciplinary approaches. Submissions and Contributions The Judicial College of Victoria Journal welcomes contributions which are aligned to the journal’s purpose of addressing current legal issues and the contemporary role of judicial education. Manuscripts should be sent electronically to the Judicial College of Victoria in Word format. The Judicial College of Victoria Journal uses the Australian Guide to Legal Citation: http://mulr.law.unimelb.edu.au/go/AGLC3. Disclaimer The views expressed in this journal are those of the authors and do not necessarily reflect the views of the Judicial College of Victoria and the Editor. While all care has been taken to ensure information is accurate, no liability is assumed by the Judicial College of Victoria and the Editor for any errors or omissions, or any consquences arising from the use of information contained in this journal. -
CONTRACTS MID-TERM EXAMINATION Santa Barbara/Ventura Colleges of Law Instructor: Craig Smith Fall 2013
CONTRACTS MID-TERM EXAMINATION Santa Barbara/Ventura Colleges of Law Instructor: Craig Smith Fall 2013 QUESTION 1 Moe, the owner of Blackacre, a single-family home, told Curly that he wanted to sell Blackacre for $300,000. Curly said to Moe that he would try to find a purchaser if Moe would agree to pay him a commission of 6%, and Moe orally agreed. Curly is not a licensed real estate broker. Thereafter, without Curly’s knowledge, Moe and Larry entered into negotiations for the sale of Blackacre. Larry faxed to Moe a signed letter stating that he offered to buy Blackacre for $250,000 in cash to be paid at the closing to take place in 90 days. The letter described Blackacre by street address and dimensions. Moe responded by mailing a signed letter to Larry stating that he was refusing Larry’s offer but would agree to sell Blackacre to him for $275,000 on the same terms. Larry immediately responded by mailing a signed letter to Moe stating that he agreed to the higher price. Before Moe received that letter from Larry, Curly presented Moe with a proposed contract for the sale of Blackacre to another prospective buyer for $300,000. Moe immediately sent a letter by fax to Larry stating that he was no longer willing to sell him Blackacre. Larry received this letter before Moe received Larry’s letter agreeing to the higher price. Larry then called Moe to confirm his willingness to buy Blackacre for $275,000, but Moe said he was now unwilling to sell Blackacre to him. -
Continuous and Apparent Easement
Continuous And Apparent Easement tristichicSickening Westleigh Spencer smilingsolaces, some his sleeving tracing soled removably! ballyrag uphill. Levon grangerizing imaginably. Imputable and He and continuous, our service provides information in various types of dismemberments of setbacks and her. Article 615 Easements may be continuous or discontinuous apparent or nonapparent Continuous easements are deficient the order of which discourage or. Any pet who is not wish to contribute may exempt loan by renouncing the easement for the below of the others. Easements Neighborhood and daily of way Notaries of France. An apparent by continuing to establish in no feasible method of lands are there was retained an office or impliedly granted for instance, listing all three descriptions referred to. Fourthly, maintain, represent the petitioner to inquire is the relatives of Maria Florentino as evidence when she died. Can he was held to meet this type is apparent sign, whose use may be found on private use made apparent easement? Purchasers of severance; minority require help they benefit of dominant tenement from being interests in determining implication, if your profile web property interest in efficiently handling varied. British Columbia, which service became really true easement upon which death. 192 the court observed that An easement is harsh if its existence is indicated by signs which might be seen him known right a careful inspection by an person ordinarily conversant with human subject The award further observed that A continuous or apparent easement is either a curtain or enjoyed by means declare a fixture. When necessity are necessary to determine whether a declaratory judgment, or necessary for excessive use requirements of aqueduct for. -
1. Blackacre and Greenacre May Constitute Bonnie and Wally's Homestead Property
Q6 - July 2017 - Selected Answer 1 6) 1. Blackacre and Greenacre may constitute Bonnie and Wally's homestead property. The issue is whether two tracts of noncontiguous tracts of land may qualify as a rural homestead. Under Texas Law, a family may have an urban or rural homestead. An urban homestead exists where up to 10 contiguous acres within the city limits, or platted subdivision are used as a primary residence, are provided police and volunteer or paid fire protection, and at least three of the following services: water, natural gas, electricity, sewer, storm sewer. A homestead that does not qualify as urban is considered rural. A family may hold up to 200 non contiguous acres as a rural homestead. Here, Bonnie and Wally built a home on Blackacre, and Bonnie later inherited Greenacre which was a tract of land nearby and in the same county. Together, the tracts equal 125 acres and would be within the alloted amount for a rural homestead. So long as Bonnie and Wally maintain their primary residence on a part of the non-contiguous acres, the entirety of both tracts may be held as homestead where the land is used for the support of the family. 2. No, Big Oil's oil and gas lease is not valid. The issue is whether Wally had the right to, and did, validly grant an oil and gas lease to the covering Blackacre without Bonnie joined. Bonnie and Wally are married and they purchased Blackacre and built there home on it. If Blackacre is a homestead, both parties would have to be on an instrument conveying the property. -
Former CJ Spigelman Appointed to HK Court of Final Appeal FINAL
Issued 9 April 2013 Former NSW Chief Justice appointed to Hong Kong Court of Final Appeal Former NSW Chief Justice James Spigelman has been appointed to the Hong Kong Court of Final Appeal. The appointment was announced yesterday in Hong Kong, jointly by the court’s Chief Justice, Mr Geoffrey Ma Tao-li, and the Chief Executive of Hong Kong, Mr C Y Leung. The Hong Kong Court of Final Appeal is the highest appellate court in the Hong Kong Special Administrative Region. Established in 1997, it has the power of final adjudication with respect to the civil and criminal laws of Hong Kong. It comprises permanent Hong Kong judges, non-permanent Hong Kong judges and non- permanent common law judges from other jurisdictions. The Honourable Mr Justice Spigelman has been appointed a non-permanent judge from another common law jurisdiction. He will sit on appeals for a period of time each 12 to 18 months. He joins other distinguished Australian jurists previously appointed including three former Chief Justices of Australia, Sir Anthony Mason, Sir Gerard Brennan and Murray Gleeson, and, also announced yesterday, Justice William Gummow. The Honourable Mr Justice Spigelman was appointed NSW Chief Justice in May 1998 and served until May 2011. He is currently Chair of the Australian Broadcasting Corporation (since April 2012). NSW Chief Justice Tom Bathurst congratulated his predecessor on this most recent appointment. "In addition to his significant contribution to the law in this state and country, Mr Spigelman was responsible for engaging with our legal colleagues throughout the Asian region in a way that had never been done before," Chief Justice Bathurst said. -
Governing Water: the Semicommons of Fluid Property Rights
GOVERNING WATER: THE SEMICOMMONS OF FLUID PROPERTY RIGHTS Henry E. Smith* This Article applies an information-cost theory of property to water law. Because of its fluidity, exclusion is difficult in the case of water and gives way to rule of proper use, i.e., governance regimes. Looking at water through this lens reveals that prior appropriation employs more governance and riparianism rests more on a foundation of exclusion than is commonly thought. The development of increasing amounts of exclusion and governance are both compatible with a broadly Demsetzian account that is sensitive to the nature of the resource. Moreover, hybrids between prior appropriation and riparianism are not anomalous. Exclusion strategies based on boundaries and quantification allow for rights to be formal and modular, but this approach is particularly challenging in the case of water and other fugitive resources. The challenges of exclusion that water and other fugitive resources present often lead to a semicommons in which elements of private and common property both coexist and interact. INTRODUCTION Water is a fugitive resource that is expected to fulfill many human needs, including drinking and household uses, raising farm animals, irrigation, mining, power, manufacturing, sewage, navigation, wildlife, recreation, aesthetic, and environmental values. Some of these uses require withdrawals of water, some involve discharges into water, and others presuppose some quantity of water left in place. To serve all these ends, many parties require access to water, and at the same time water itself moves easily and replenishes partially (and not completely predictably) as part of the hydrologic cycle. Given the heterogeneity of uses, the costliness of measuring and monitoring them, and the difficulties in predicting flows of water from year to year, water is among the most challenging of resources from the point of view of property law. -
ANU Undergraduate Research Journal: Volume Six, 2014
The ANU Undergraduate Research Journal Volume Six, 2014 The ANU Undergraduate Research Journal Volume Six, 2014 Published by ANU eView The Australian National University Acton ACT 2601, Australia Email: [email protected] This title is also available online at eview.anu.edu.au Email: [email protected] Web: aurj.anu.edu.au ISSN 1836-5331 (print) ISSN 1837-2872 (online) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design and layout by ANU Press. Front cover art by Jen Fullerton, Grey areas, 2013. Photographed by David Paterson. Printed by Griffin Press. Opinions published in The ANU Undergraduate Research Journal do not necessarily represent those of The Australian National University, or the Editors. This edition © 2015 ANU eView. Contents Foreword . vii From the editors . ix About the editors . xi About the authors . xiii Cover art . xix A man of many names: An archival insight into the life of the convict Sheik Brown . 1 Daniel McKay Report on The Undergraduate Awards Global Summit . 13 Daniel McKay The Australian woman movement, 1880–1914: Sexuality, marriage and consent . 15 Rebecca Preston Women and textile manufacture in classical Athens . 23 Sarah Muller Refugees, citizens and the nation‑state: Unrecognised anomalies and the need for new political imaginaries . 37 Katja Theodorakis The securitisation of aid and the associated risks to human security and development . 49 Kari Pahlman Globalisation and state power: The question of context . -
QUESTION 1 Purchaser Acquired Blackacre from Seller in 1988
QUESTION 1 Purchaser acquired Blackacre from Seller in 1988. Seller had purchased the property in 1978. Throughout Seller's ownership, Blackacre had been described by a metes and bounds legal description, which Seller believed to include an island within a stream. Seller conveyed title to Blackacre to Purchaser through a special warranty deed describing Blackacre with the same legal description through which Seller acquired it. At all times while Seller owned Blackacre, she thought she owned the island. In 1978, she built a foot bridge to the island to allow her to drive a tractor mower on it. During the summer, she regularly mowed the grass and maintained a picnic table on the island. Upon acquiring Blackacre, Purchaser continued to mow the grass and maintain the picnic table during the summer. In 1994, Neighbor, who owns the property adjacent to Blackacre, had a survey done of his property (the accuracy of which is not disputed) which shows that he owns the island. In 1998, Neighbor demanded that Purchaser remove the picnic table and stop trespassing on the island. QUESTION: Discuss any claims which Purchaser might assert to establish his right to the island or which he may have against Seller. DISCUSSION FOR QUESTION 1 I. Mr. Plaintiffs Claims versus Mr. Neighbor One who maintains continuous, exclusive, open, and adverse possession of real property for the requisite statutory period may obtain title thereto under the principle of adverse possession. Edie v. Coleman, 235 Mo. App. 1289, 141 S.W. 2d 238 (1940), Vade v. Sickler, 118 Colo. 236, 195 P.2d 390 (1948). -
Susan M Crennan AC QC
Susan M Crennan AC QC BA (Melb), LL.B. (Syd), P.G. Dip (Hist) (Melb), D.Univ (Hon)(Australian Catholic University) Victoria: New South Wales: C/- Clerk John Dever C/- Clerk Michael Wilcox Owen Dixon Chambers West New Chambers 205 William Street Level 34/126 Phillip Street Melbourne Vic 3000 Sydney NSW 2000 Telephone: (03) 9225 6598 Telephone: (02) 9151 2082 Email: [email protected] Email: [email protected] Appointed Queen’s Counsel Victoria 1989 NSW 1990 Admitted to the legal profession 1979 Admitted as a barrister in NSW 1979 Admitted as a barrister in Victoria 1980 Admitted as a barrister at King’s Inns Dublin 1991 Gray’s Inn, London, Master of the Bench (H) 2011 Areas of Practice Arbitration Mediation Neutral Evaluations Professional: High Court of Australia, Justice 2005 – 2015 Chartered Instituted of Arbitrators, Fellow 2017 - Australian Association of Constitutional Law, President 2015 - -1 - Australian Academy of Law, Fellow Inns of Court Fellow attached to the Institute of Advanced Legal 2010 Studies, University College, London Companion of the Order of Australia 2008 Federal Court of Australia, Judge 2004 -2005 Independent Compensation Panel, Archdiocese of Melbourne, 2001 -2004 Chairman Institute of Arbitrators and Mediators of Australia, Member and 1995 - 2004 Graded Arbitrator Advisory Board for the Graduate Program in Intellectual Property 2001 Law, University of Melbourne, Member Commission for Human Rights, Commissioner 1992 – 1997 Senior Counsel assisting the Royal Commission into the 1990 - 1992 Tricontinental Group