Land Law and Equity

• Native title


  Recognition of Indigenous Australians' traditional rights and interests in land
• Milirrpum v Nabalco Property Ltd (1971)


  Rejected concept of native title in Australia
• Gerhardy v Brown (1985)


  Upheld validity of Pitjantjatjara Land Rights Act 1981 (SA)
• Mabo v Queensland (No 2) (1992)


  Recognized native title in Australia for the first time
• Griffiths v Northern Territory (2019)

  Confirmed native title includes right to exclusive possession; compensation payable for extinguishment
• Pierson v Post (1805)

  Established the "rule of capture" for ownership of wild animals
• Moore v Regents of the University of California (1990)


  No property interest in excised cells
• Semayne's Case (1604)


  Established principle that a person's home is their castle
• Entick v Carrington (1765)

  Authorities must have valid warrant or statutory authority to enter private property
• Yearworth v North Bristol NHS Trust (2009)

  Recognized property rights in bodily materials (sperm samples)
• National Provincial Bank v Ainsworth (1965)


  Defined essential characteristics of a property right
• Hill v Tupper (1863)


  Right to use a canal is not a property right
• Tinsley v Milligan (1994)


  Beneficial interest in property can be claimed based on contribution to purchase price
• Armory v Delamirie (1722)


  Finder of lost property has superior right against all but true owner
• Bishopsgate Motor Finance Corp v Transport Brakes Ltd (1949)


  Nemo dat principle - buyer of car from non-owner does not acquire ownership
• J A Pye (Oxford) Ltd v Graham (2002)


  Adverse possession can lead to ownership even under mistaken belief of ownership
• R (Best) v Chief Land Registrar (2015)


  Adverse possession can be basis for registration as owner
• Colonial Bank v Whinney (1885)


  Chose in action (debt) can be assigned in equity
• Torkington v Magee (1902)


  Chose in action (right to sue) can be assigned in equity
• Armstrong v Winnington (2012)


  Property rights in EU carbon emission allowances recognized
• AA v Persons Unknown (2019)

  Bitcoin recognized as property; subject to proprietary injunction
• Mew v Tristmire Ltd (2011)


  Houseboats can be "dwellings" under Housing Act 1988
• Elitestone v Morris (1997)


  Mobile homes can be subject to property rights
• Chelsea Yacht & Boat Co v Pope (2000)

  Houseboats can be "dwellings" under Rent Act 1977
• Walsingham's Case (1573)


  Leases recognized as a form of property that can be bought and sold
• Morrells of Oxford Ltd v Oxford United Football Club Ltd (2000)


  Lease protected as overriding interest binds purchaser even without actual notice
• Melville v Bruton (2000)


  Lease protected as overriding interest binds purchaser even if granted in breach of restriction
• Chhokar v Chhokar (1984)


  Actual occupation as overriding interest
• Malory Enterprises Ltd v Cheshire Homes (2002)


  Overriding interest of unregistered easement binds purchaser
• Chaudhary v Yavuz (2011)


  Unregistered beneficial interest under trust can be overriding interest
• Link Lending v Bustard (2010)


  Unregistered estate contract as overriding interest
• Thomas v Clydesdale Bank (2010)


  Unregistered beneficial interest under trust of land as overriding interest
• Walker v Burton (2013)


  Removal of unilateral notice from title
• Knights Construction v Roberto Mac (2011)

  Entry of restriction to prevent dealings without consent
• Derbyshire CC v Fallon (2007)

  Entry of notice to secure debt owed to local authority
• Gold Harp Properties Ltd v MacLeod (2014)


  Land Registry's duty to indemnify for losses due to mistake in register
• Tenancy


  Exclusive possession for fixed/periodic term
• License


  Agreement to occupy without exclusive possession
• Street v Mountford (1985)

  Exclusive possession for fixed/periodic term is a tenancy, not a license
• Prudential Assurance Co Ltd v London Residuary Body (1992)


  Agreement to occupy not a tenancy if no exclusive possession