scarecrow_of_oz
Member
- Joined
- Sep 22, 2003
- Messages
- 412
- Gender
- Female
- HSC
- 2003
thank u my darlings i did end up 'finishing' though it was 10 mins late in and 700 words short. at least it's done!!
property law essay (2 Viewers)
- Thread starter scarecrow_of_oz
- Start date
scarecrow_of_oz
Member
- Joined
- Sep 22, 2003
- Messages
- 412
- Gender
- Female
- HSC
- 2003
oh and thanks for the tip iwr i ended up just doing that - using the lecture slides and crapping on about how characterisation's purposive now - so thanks for that!
Cyan_phoeniX
Active Member
I HATE when assignments hijack your brain. Often after i had spent 8 hours on an assignment and go to bed, my brain is still thinking over sentences and possible paragraphs almost to the point that when i wake up the next day i feel like i havent had any sleep. dam that!! *kicks chair*
scarecrow_of_oz
Member
- Joined
- Sep 22, 2003
- Messages
- 412
- Gender
- Female
- HSC
- 2003
lol yeah i know what u mean
sometimes its good though when ur subconcious works stuff out for u in ur sleep and u wake up understanding something u were confused about
sometimes its good though when ur subconcious works stuff out for u in ur sleep and u wake up understanding something u were confused about
haha last night i went to bed and i had words from the subject i had been typing coming to me randomly
anyway this was probably the only thread on topic so i am going to leave now.
but it's worse when it confuses you more.. during year 12 maths i used to do equations in my dreams and then wake up and realise they were all wrong and think i had forgotton how to do them :rofl:scarecrow_of_oz said:
anyway this was probably the only thread on topic so i am going to leave now.
clairegirl
the name's Anne!
lol i know this is off topic... and this shall be my last thread contribution... because its hijjacking the thread
bug oh gosh how dead has the other threads bin... i've even resorted to reading this property law thread lol
im sucha loser ima go back to studying now
bug oh gosh how dead has the other threads bin... i've even resorted to reading this property law thread lol
im sucha loser ima go back to studying now
MaryJane
Extraordinary Machine
Hey Bell, you do psych too? I also do psychopathology - isn't it awesome??!!! 
Beats law any day.
Beats law any day.
MaryJane
Extraordinary Machine
Question about property.
I'm really confused with the s 43A stuff from the RPA. I know it only kicks in once someone is registered, but whats the point in them only having protection from that point on? Especially if the whole idea of it is to protect the purchaser as if they were "a bona fide purchaser for value without notice".
Plus, I have written in my tute notes: "If notice is obtained after settlement, but before registration, they are a bona fide purchaser and are moved along to registration".
I'm really confused with the s 43A stuff from the RPA. I know it only kicks in once someone is registered, but whats the point in them only having protection from that point on? Especially if the whole idea of it is to protect the purchaser as if they were "a bona fide purchaser for value without notice".
Plus, I have written in my tute notes: "If notice is obtained after settlement, but before registration, they are a bona fide purchaser and are moved along to registration".
scarecrow_of_oz
Member
- Joined
- Sep 22, 2003
- Messages
- 412
- Gender
- Female
- HSC
- 2003
as i understand it...
it's not got anything to do with registered people - people were having problems after the introduction of the torrens system because in the period after someone had honestly paid their money and entered into valid contracts, they were still treated as only an equitable interest before registration - which was worse than their position before the whole torrens registration thing came in, because as a bona fide purchaser for value under old system they would've gained a legal interest.
so... to solve this problem (of putting bona fide purchasers in a worse position under torrens than under old system pre registration) they brought in 43A, which treats the bona fide purchaser for value (ie not just a volunteer) a 'deemed legal' title for the period after settlement but before registration - which would make them come before earlier equitable interests rather than after, which would have been the situation. make sure u call it 'deemed legal' rather than legal though. it's better than equitable, but not as good as registered.
it's not got anything to do with registered people - people were having problems after the introduction of the torrens system because in the period after someone had honestly paid their money and entered into valid contracts, they were still treated as only an equitable interest before registration - which was worse than their position before the whole torrens registration thing came in, because as a bona fide purchaser for value under old system they would've gained a legal interest.
so... to solve this problem (of putting bona fide purchasers in a worse position under torrens than under old system pre registration) they brought in 43A, which treats the bona fide purchaser for value (ie not just a volunteer) a 'deemed legal' title for the period after settlement but before registration - which would make them come before earlier equitable interests rather than after, which would have been the situation. make sure u call it 'deemed legal' rather than legal though. it's better than equitable, but not as good as registered.
MaryJane
Extraordinary Machine
Riiight... So, its not actually speeding them to "registration" as my notes imply...
That makes sense. Thank you smart cookie!
That makes sense. Thank you smart cookie!
scarecrow_of_oz
Member
- Joined
- Sep 22, 2003
- Messages
- 412
- Gender
- Female
- HSC
- 2003
and i think what u were saying in ur last bit 'moved along to registration' - i think that's relevant for eg when:
there are 2 otherwise equitable interests - say a first in time mortgage (who lodges theirs for registration first) and a second in time bona fide purchase of the property for value - lets assume theirs a caveat on the register or some other reason registration has not yet gone through. so they both want their claims to get registered first - the bona fide purchaser wants their claim to get registered before the earlier equitable one is, because then they can claim indefeasibility (postponement issues aside). so, 43A means that they are more than a simple equitable interest - they have a 'deemed legal interest' for the period after settlement. this means that their later formerly equitable interest will beat the earlier mortgage to the register, and the mortgagee loses out because of indefeasibility. I THINK - not too sure about that one.
there are 2 otherwise equitable interests - say a first in time mortgage (who lodges theirs for registration first) and a second in time bona fide purchase of the property for value - lets assume theirs a caveat on the register or some other reason registration has not yet gone through. so they both want their claims to get registered first - the bona fide purchaser wants their claim to get registered before the earlier equitable one is, because then they can claim indefeasibility (postponement issues aside). so, 43A means that they are more than a simple equitable interest - they have a 'deemed legal interest' for the period after settlement. this means that their later formerly equitable interest will beat the earlier mortgage to the register, and the mortgagee loses out because of indefeasibility. I THINK - not too sure about that one.
iwannarock
Active Member
- Joined
- Nov 27, 2004
- Messages
- 1,256
- Gender
- Male
- HSC
- 2003
aaaaaah i'm doing so much cramming over these 2 days.
i'm doomed!
i'm doomed!
I've been only semi-cramming... *is even more doomed* I'm so freaked out when checking the discussion boards... they people there seem so sure of what they are talking about and have put so much effort into note writing.
Psychopathology studying would be such a breeze compared to this!
Psychopathology studying would be such a breeze compared to this!
iwannarock
Active Member
- Joined
- Nov 27, 2004
- Messages
- 1,256
- Gender
- Male
- HSC
- 2003
well im up bright and early for the ultimate day of cramming.
i also saw the discussion board.
people are writing out 3 to 4 pages on cases to prepare for the case notes!
i think this is the year i get culled.
i can feel it in my bones.
getting 7.5/15 in all 3 sections is looking harder and harder for me.
i also saw the discussion board.
people are writing out 3 to 4 pages on cases to prepare for the case notes!
i think this is the year i get culled.
i can feel it in my bones.
getting 7.5/15 in all 3 sections is looking harder and harder for me.
iwannarock
Active Member
- Joined
- Nov 27, 2004
- Messages
- 1,256
- Gender
- Male
- HSC
- 2003
wow.......
the only case i really knew very well was bogdanovic v koteff.
if it was anything but that case........i woulda been screwed. had it been Courtenay or Just............lol that'd be the end of me.
when i saw it was bogdanovic.................i was like ecstatic.
now......instead of going from a definite fail.......i have some hope!
i totally crashed and burned on the essay and had no idea what i was talking about. i just saw property rights and blabbed about hohfeld and rights and quickly added in mirrilpum and mabo or whatever and aboriginal stuff.
here's how i think i did.
problem question = 5/15
case note = 10/15
essay question = 2/15
bogdanovic and fucking koteff !
i still can't believe it.
despite this........my raw mark won't get me a pass. infact i dont even think scaling will get me one. A CP is possible i think for me.
aaaaaanyway,
i'm gonna party for like..........ever........and pretend that exam never existed.
bodganovic and fucking koteff!.............i hope i didnt say that when i wrote the case note.....because thats what was going through my head.:rofl:
the only case i really knew very well was bogdanovic v koteff.
if it was anything but that case........i woulda been screwed. had it been Courtenay or Just............lol that'd be the end of me.
when i saw it was bogdanovic.................i was like ecstatic.
now......instead of going from a definite fail.......i have some hope!
i totally crashed and burned on the essay and had no idea what i was talking about. i just saw property rights and blabbed about hohfeld and rights and quickly added in mirrilpum and mabo or whatever and aboriginal stuff.
here's how i think i did.
problem question = 5/15
case note = 10/15
essay question = 2/15
bogdanovic and fucking koteff !
i still can't believe it.
despite this........my raw mark won't get me a pass. infact i dont even think scaling will get me one. A CP is possible i think for me.
aaaaaanyway,
i'm gonna party for like..........ever........and pretend that exam never existed.
bodganovic and fucking koteff!.............i hope i didnt say that when i wrote the case note.....because thats what was going through my head.:rofl:
MaryJane
Extraordinary Machine
Congrats IWR!! I knew we could get through it! Here is my opinion:
Firstly, I'm so glad that's over!
I KNEW the case note was going to be on volunteers and indefeasibility, yet I still neglected to re-read the Radin article. Oh well, a few of my friends didnt even think about it, either.
The problem question was great, so glad it was a covenant, and not a easement because they just seem too complex! And the lease was so easy - disposed of that in about a page, same with the RP issue.
The essay... I dont want to talk about it. I was going fine until about half way through when I though "this is kinda making sense" and I must have jinxed myself, because every single word from then on in was complete and utter shit. I was just talking out of my ass. So woe is me when it comes to the essay.
Overall though guys, just want to say thank you for another great semester of law helping/discussion/freaking out. I love you all soooo much!!
Firstly, I'm so glad that's over!
I KNEW the case note was going to be on volunteers and indefeasibility, yet I still neglected to re-read the Radin article. Oh well, a few of my friends didnt even think about it, either.
The problem question was great, so glad it was a covenant, and not a easement because they just seem too complex! And the lease was so easy - disposed of that in about a page, same with the RP issue.
The essay... I dont want to talk about it. I was going fine until about half way through when I though "this is kinda making sense" and I must have jinxed myself, because every single word from then on in was complete and utter shit. I was just talking out of my ass. So woe is me when it comes to the essay.
Overall though guys, just want to say thank you for another great semester of law helping/discussion/freaking out. I love you all soooo much!!
Ugh terrible test. The biggest problem was my overestimation of how fast I can write. So much to say but so little time! I think I *mentioned* all 4 cases required in the essay but didn't go into them much at all.
Case note was alrightish, I just hope they aren't trick questions!
And HOORAY FOR BOGDANOVICH! That was one of the first casenotes I prepared for and hence one of the more comprehensive ones. However, my intro was too long I think, didn't do as much case analysing as I wanted. Which is the important aspect too! -__-;
Well, just glad it's over. FINGERS CROSSED FOR MASSIVE SCALING!
Case note was alrightish, I just hope they aren't trick questions!
And HOORAY FOR BOGDANOVICH! That was one of the first casenotes I prepared for and hence one of the more comprehensive ones. However, my intro was too long I think, didn't do as much case analysing as I wanted. Which is the important aspect too! -__-;
Well, just glad it's over. FINGERS CROSSED FOR MASSIVE SCALING!
scarecrow_of_oz
Member
- Joined
- Sep 22, 2003
- Messages
- 412
- Gender
- Female
- HSC
- 2003
i TANKED it
wrote the wrong interest for the prob question (i don't know what possessed me to call alana's interest a fee simple) and stuffed the essay so hard no time i only mentioned 3/4 theories even though i said all of them in the intro, didn't go into the cases, didn't even say the point i wanted to, no conclusion.... awful
wrote the wrong interest for the prob question (i don't know what possessed me to call alana's interest a fee simple) and stuffed the essay so hard no time i only mentioned 3/4 theories even though i said all of them in the intro, didn't go into the cases, didn't even say the point i wanted to, no conclusion.... awful