TL10006 – Property Law Term 2 2017
This assignment is worth 40% of the total marks for this unit. This assignment is a 2000 (+/- 10% of the word limit is allowed) word essay based on topics covered in lectures up to and until the lecture on 15 August 2017 (Week 5).
Marks out of 40 will be awarded in relation to the quality of the academic discussion of the topics set. Referencing, footnoting and bibliography are all assessable aspects of the assignment.
The assignment is due at the end of Week 7, 3 September 2017 (Sunday) 11:59 p.m. Submission must be by hard copy and TurnItin.
Late submission – it is TOP policy that assignments cannot be submitted late without prior approval of the unit coordinator and only in extenuating circumstances supported by evidence. Assignments submitted late without prior approval will not be graded.
I. How can adverse possession be justified? (300 words, 5 marks)
II. Since Mabo No. 2 (1992) 175 CLR 1, terra nullius has been discredited as both a justification and explanation for European title to land in Australia. This being the case, explain:
a. what the doctrine of tenure is and why it is relevant or irrelevant to contemporary discussions on land title in Australia; and
b. the relationship of crown radical title and native title in terms of extinguishment (700 words in total for parts a and b, 15 marks in total).
III. Burgess Williams, a wealthy environmentalist with extensive landholdings in New South Wales, transferred his fee simple estate in “High Rent” by inter vivos deed to his son Cadbury for life. The deed contained the following words, “on condition that Cadbury does not employ any non-organic agricultural methods or lease any part of the land to non-organic producers”. The deed went on to provide that if Cadbury breached this term, or on Cadbury’s death, the estate would pass to Burgess’s granddaughter, Emma. At considerable expense, Burgess had established High Rent as a registered organic producer. It had a hundred acres of grazing land, and also produced market vegetables. The farm had its own very successful restaurant which served its own organic produce. It was called “Lombardy” on account of the 100 ancient Lombardy poplars that were planted along the avenue leading up to the restaurant. On moving in, Cadbury planted genetically modified potatoes in one of the fields. He also chopped down the poplars, replacing them with spotted gum seedlings, and renamed the restaurant, “The Spotted
Gum”. Profits at the restaurant plummeted. Emma seeks your advice on
whether she has any action against Cadbury. Explain. (1000 words, 20