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Australian property law, or property law in Australia, are laws that regulate and prioritise the rights, interests and responsibilities of individuals in relation to "things" (property). These things are forms of "property" or "rights" to possession or ownership of an object.
Australian property legislation refers to the different schemes of regulating property rights between each jurisdiction of the states and territories in Australia; combining legislation and receptive of common law. Despite differing statutes, the substantive effect in each jurisdiction is quite similar.
The doctrine of adverse possession in Australia was inherited from England. Adverse possession arose in and was suited to a land law system based on possession and relativity of title. Various approaches were undertaken in this area in Australia. [1] [2] The limitation period for the land varies among the states. [3] [4] [5] [6]
Justice Starke said the term includes: "every species of valuable right and interest including real and personal property, incorporeal hereditaments such as rents and services, rights-of-way, rights of profit or use in land of another, and choses in action. Justice McTiernan confirmed the term property extends to tangible and intangible ...
Squatting in Australia usually refers to a person who is not the owner, taking possession of land or an empty house. In 19th century Australian history, a squatter was a settler who occupied a large tract of Aboriginal land in order to graze livestock.
Victoria Park Racing & Recreation Grounds Co Ltd v Taylor, [1] commonly referred as the Victoria Park Racing case, is a leading case of the High Court of Australia on determining whether property rights exist, and protecting claims in property for the purposes of tort law.
Home ownership in Australia is considered a key cultural icon, [1] and part of the Australian tradition known as the Great Australian Dream of "owning a detached house on a fenced block of land." [ 1 ] [ 2 ] Home ownership has been seen as creating a responsible citizenry; according to a former Premier of Victoria : [ who?
In South Australia, the act was substantially revised in 1886, and this version remains in force in South Australia. The Real Property Act 1886, updated 3 October 2019, has a long title "An Act to consolidate and amend the Real Property Act 1861, the Real Property Act Amendment Act 1878 and the Rights-of-Way Act 1881, and for other purposes".