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Chapter 8: Real property

Chapter 8: Real property

pp. 362-427

Authors

, Macquarie University, Sydney, , University of Western Australia, Perth, , Griffith University, Queensland, , ,
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Extract

The law and practice relating to the Crown (or state) lands of Australia is often a topic not well covered in a student’s journey through property law. Yet, Crown lands legislation dealing with the alienation and management of the lands of the Crown has been a feature of the legislative framework of the various Australian jurisdictions since their respective creations.Given that some such interests or rights authorised under the various legislation may rarely be granted or exist only in small numbers, this chapter focuses on some of the enduring principles of Crown lands law and practice.

This chapter discusses the key knowledge requirements or threads of Crown land law and practice that will give both student and practitioner a solid understanding of how to approach the complex legislation of the jurisdiction with its peculiar interests and rights; the public interest, modern land tenure, and Crown lands legislation; Crown lands legislation and Crown land; grants and the Crown’s general power to deal with Crown land; reservations and exceptions in Crown grants; interpreting a Crown grant; public purpose land

Keywords

  • property
  • property law
  • Crown land
  • Crown lease
  • public interest
  • public purpose
  • statutory authority
  • statutory lease

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