This report offers proposals in the hope they may inform development of a more systematic and integrated approach to the creation, definition and recording of statutory rights, restrictions and obligations (‘RRR') affecting land parcels. While much progress has been made by Australia's land...

A number of regulatory statutes provide for agreements with landowners which are given extended effect, that is, are binding upon the landowner’s successors (‘statutory agreements’). Several Queensland statutes require a project proponent to enter into a statutory agreement with a...

Biosequestration of carbon in trees, forests and vegetation is a key method for mitigating climate change in Australia. To facilitate this, all States have enacted legislation for carbon sequestration rights, separating commercial rights in carbon from ownership of the land, trees and vegetation...

To understand the concept of equity of redemption it is necessary to understand the influences of equity upon money lending transactions involving the security of real property over many centuries. Under an old system mortgage, the legal title of the borrower was conveyed to the mortgagee and,...

The past two decades have seen a concerted attempt by landowner groups to shift the paradigm of property rights from a ‘discrete asset’ to a ‘bundle of rights’, and to characterise many restrictions on use rights as a taking of property. Evidence from two recent Commonwealth inquiries...

Since the global financial crisis of 2007, regulators and economists have analysed the moral hazards inherent in institutional arrangements which encouraged economic actors to act irresponsibly. The process of institutional reform must extend to review of legal rules which allow transacting...

Common law jurisdictions face many common issues and a similar range of rule options in designing their registered title systems. The common questions and variations in the prevailing rules provides a useful conceptual framework for comparing and classifying registered title systems, for...

Free market environmentalists propose new private rights in resources to support market-based methods of regulation, without reference to the relational nature of property and the need to coordinate multiple rights in assets. For property law to perform its coordination function, the rights must...

The rise of common property developments has prompted calls to allow positive freehold covenants to run with land. To prevent covenants operating as a kind of unrepealable private legislation, positive obligations should be imposed on future landowners only under statute and subject to public...