Property and Land Law Fundamentals

Land Tenure - Defined as how a party holds or occupies land and the relationship between people and land. - Land is categorized into Freehold land (private/traditional owner groups) and Non-freehold/Crown land (leased or licensed). - Interests are governed by a balance of economic development, social stability, and environmental management.
Legal Definition of Land - Under the Property Law Act 1958 Sec 18, land includes corporeal hereditaments (physical objects) and incorporeal hereditaments (non-physical rights like easements). - It encompasses the surface, buildings, minerals, and improvements "attached" to the land (fences, fixtures, landscaping). - Real Property refers to land and permanent structures, while Personal Property includes moveable goods and intellectual property as per the Interpretation of Legislation Act 1984 Sec 38.

General Law (Old Law) System - Operated in Victoria before $1862$ . - Relied on a "chain of title" consisting of all past documents of sale or mortgage to prove ownership.
Torrens System - Introduced in $1862$ and primarily managed under the Transfer of Land Act 1958. - It is a system of "title by registration," where the state-maintained register is the official record of ownership. - The Three Key Principles: 1. Mirror Principle: The register accurately reflects current ownership and interests. 2. Curtain Principle: Title is obtained through registration; previous deeds do not need to be searched. 3. Insurance Principle: A government guarantee provides compensation for losses due to registry errors or fraud. - Indefeasibility: Once an interest is registered, it cannot be challenged by third parties, with exceptions for fraud or judicial action.

Mortgages - Registered as security for a loan; the owner remains the proprietor but the lender has rights under Transfer of Land Act Sec 77. - If default occurs, the mortgagee can possess and sell the property to recover costs and loan amounts.
Restrictive Covenants - Written restrictions on land use (e.g., building materials, landscaping) registered on the title. - These are difficult to remove and often require court orders or unanimous consent from a subdivision.
Caveats - A notice of an unsecured interest in the property that prevents further dealings with the title until the interest is satisfied.
Easements - The right for a third party to use land for specific purposes (e.g., water pipes, electricity, right of way).

Sole Proprietor: A single person holds the freehold rights.
Joint Tenants: Two or more owners with an undivided share and the Right of Survivorship (the share of a deceased owner automatically passes to the survivors).
Tenancy in Common: Two or more owners with defined but undivided shares (e.g., $25\%$ each). There is no right of survivorship; shares pass to the deceased’s estate.
Life Estate: A life tenant has the right to occupy a property for the duration of their life, after which possessory rights revert to the remainderman.
Multi-Ownership History: - Company share schemes: Popular $1930s$ - $1950s$ . - Strata Titles Act ( $1967$ ): Established modern system for bodies corporate/owners corporations. - Subdivisional Act ( $1988$ ): Replaced previous forms of allotment titles in Victoria.

Boundaries - Property law permits minor irregularities ( $50\,mm$ for lengths up to $40.30\,m$ ). - Rights extend upwards and downwards only as far as necessary for the enjoyment of the land (typically interpreted as $150$ - $300\,m$ above the surface).
Compulsory Acquisition - Regulated by the Valuation of Land Act, allowing the government to take land for public infrastructure in exchange for compensation (market value and potential solatium).