Read e-book online Australian Essential Real Property (Cavendish Essential) PDF

By Geoff Moore

ISBN-10: 1876905174

ISBN-13: 9781876905170

Each one identify within the Australian crucial sequence is decided out similarly for ease of reference. Chapters open with a list after which move directly to specialise in 'Essential' concerns, exam themes, exploring parts of dialogue and delivering insights into tough components. The books are excellent revision aids for college kids.

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Additional info for Australian Essential Real Property (Cavendish Essential)

Example text

The Mining Act 1906 (NSW) The Mining Act 1906 defines minerals to be: silver, copper, tin, iron, antimony, cinnabar, galena, nickel, cobalt, platinum, bismuth, manganese, marble, kaolin, mineral pigments, mercury, lead, wolfram, coal, shale, scheelite, chromite, opal, turquoise, diamond, ruby, sapphire, emerald, zircon, apatite and other phosphates, serpentine, molybdenite, alunite and alum, barytes, asbestos, gypsum, monazite, and any other substance which may from time to time be declared a ‘mineral’ within the meaning of this Act by proclamation of the Governor published in the Gazette.

It is suggested that Davies v Bennison is reconcilable with Pickering v Rudd and Clifton v Bury because of the proximity of the cat to the structure on the land. It would appear that where the intrusion into the airspace occurs near the surface of the land, the court is more likely to determine that there has been a trespass than in the situation where the intrusion into the airspace occurs at a significant height above the surface. Temporary encroachments into airspace – the aircraft cases There is some uncertainty in relation to aircraft flying over land.

But wholly different considerations arise when considering the passage of aircraft at a height, which in no way affects the user of the land … I can find no support in authority for the view that a landowner’s rights in the airspace above his property extend to an unlimited height … The problem is to balance the rights of an owner to enjoy the use of his land against the rights of the general public to take advantage of all that science has offered in the use of airspace. ’ to the facts of the case and determined that the defendant’s aircraft did not infringe any rights in the plaintiff’s airspace and, thus, no trespass was committed.

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Australian Essential Real Property (Cavendish Essential) by Geoff Moore


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