Australian property law - Wikipedia Australian property law This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. ( March 2018 ) Australian property law is the system of laws regulating and prioritising the Property law rights, interests and responsibilities of individuals in relation to `` things ''. These things are a form of `` property '' or `` right '' to possession or ownership of an object. The law orders or prioritises rights and classifies property as either real and tangible, such as land, or intangible, such as the right of an author to their literary works or personal but tangible, such as a book or a pencil. The scope of what constitutes a thing capable of being classified as property and when an individual or body corporate gains priority of interest over a thing has in legal scholarship been heavily debated on a philosophical level. Contents 1 Land law 1.1 Table of equivalent legislation 2 Table of Equivalents 3 Goods and chattels 4 Intellectual property 5 References 6 External links Land law See also : Native title in Australia, Land grant § Australia, and Strata title Land is the predominant focus of Western property law, particularly Australian property law. Legal developments in this field outweigh the development of other forms of property law, this is primarily due to the high value of land in comparison to other forms of property, such as chattels. Each state in Australia has a different regime for the regulation and bureaucratisation of land. It is a largely statute based area of the law but can still be influenced by the common law and principles that originate from Australia 's history as a colony of the United Kingdom, where land and estate law developed through the ambit of feudalism. Property law is enabling in that it creates a system for evidencing, recognizing and transferring title to land, facilitating its use as an economic instrument. Other legal instruments in property law that facilitate the private and commercial dealing of land include the mortgage, lease, covenant and easement. All Australian colonies ( now states and territories ) adopted the Torrens system of land registration of title between 1857 and 1875. The Torrens title system was introduced first in South Australia by Sir Robert Richard Torrens, the Registrar - General of Deeds through the Real Property Act 1858. Victoria adopted the system with the Real Property Act 1862, and New South Wales with the commencement of the Real Property Act 1862 on 1 January 1863. The Torrens system did not replace the common law system but applied only to new land grants and to land that has been voluntarily registered under the relevant Act. The common law system continues to apply to all other landholdings. In accordance with the principles of the Torrens system, each state maintains a land titles register of land in the state that has been registered under the system, which also shows the proprietor ( owner ) of the land. This system was devised to reduce the amount of fraud relating to land due to falsification of title deeds. It does so with ' ownership ' of the land being confirmed only upon registration of the property. That is, `` it is not a system of registration of title but a system of title by registration ''. This gives a purchaser `` greater assurance, indeed certainty, of title ''. The principle of ' indefeasibility ' of title - where a right has been entered on the register, it can not be defeated by later rights except in certain circumstances - further protects the Torrens title holder. Still a small residue of Old System Land remains and efforts are underway to convert this to Torrens title. The Torrens system also provides for registration of other entitlements to land such as a mortgage, by which land is used to secure a loan. Table of equivalent legislation Table of equivalents State or Territory of Australia Legislation regarding property Legislation regarding Title New South Wales Real Property Act 1900 Conveyancing Act 1919 Victoria Property Law Act 1958 Sale of Land Act 1962 Australian Capital Territory Civil Law ( Property ) Act 2006 Civil Law ( Sale of Residential Property ) Act 2003 Queensland Property Law Act 1974 Land Titles Act 1994 Northern Territory Law of Property Act Land Title Act South Australia Law of Property Act 1936 Real Property Act 1886 Tasmania Conveyancing and Law of Property Act 1884 Land Titles Act 1980 Western Australia Property Law Act 1969 Transfer of Land Act 1893 The table above lists the core legislation in each jurisdiction of Australia regulating interests in land law in relation to property ( negotiable instruments ) and the scheme of registration ( title ). Goods and chattels See also : Personal property Australia 's law in relation to goods and chattels ( items which are not land or intellectual property ) follows that of the United Kingdom. Intellectual property See also : Copyright law of Australia Australia follows the English traditions for intellectual property, and is a signatory of the Berne Convention for the Protection of Literary and Artistic Works and operates a system of automatic copyright. Other areas of Australian intellectual property include patents, designs and Plant breeders ' rights. References Jump up ^ Real Property Act 1858 ( SA ). Jump up ^ Real Property Act 1862 ( Vic ). Jump up ^ Real Property Act 1862 ( NSW ) Jump up ^ Bahr v Nicolay ( No 2 ) ( 1988 ) HCA 16, ( 1988 ) 164 CLR 604 at p 613, High Court ( Australia ). Jump up ^ Black v Garnock ( 2007 ) HCA 31, ( 2007 ) 230 CLR 438, High Court ( Australia ). Jump up ^ Breskvar v Wall ( 1971 ) HCA 70, ( 1971 ) 126 CLR 376, High Court ( Australia ). Jump up ^ Real Property Act 1900 ( NSW ). Jump up ^ Conveyancing Act 1919 ( NSW ). Jump up ^ Property Law Act 1958 ( Vic ). Jump up ^ Sale of Land Act 1962 ( Vic ). Jump up ^ Civil Law ( Property ) Act 2006 ( ACT ). Jump up ^ Civil Law ( Civil Law ( Sale of Residential Property ) Act 2003 ( ACT ). Jump up ^ Property Law Act 1974 ( Qld ). Jump up ^ Land Titles Act 1994 ( Qld ). Jump up ^ Law of Property Act ( NT ). Jump up ^ Land Title Act ( NT ). Jump up ^ Law of Property Act 1936 ( SA ). Jump up ^ Real Property Act 1886 ( SA ). Jump up ^ Conveyancing and Law of Property Act 1884 ( Tas ). Jump up ^ Land Titles Act 1980 ( Tas ). Jump up ^ Property Law Act 1969 ( WA ). Jump up ^ Transfer of Land Act 1893 ( WA ). External links `` Australian Property Law ''. Law Council of Australia. `` Australian Intellectual Property Laws ''. www.austrade.gov.au. `` Old System Information and Search Guide '' ( PDF ). NSW Land & Property Information. Real estate in the United Kingdom Real estate Economy of the United Kingdom Companies Developers and Owners Allied London Argent Group Balkan Dream Properties Banks Group Brent Walker British Railways Property Board Bruntwood Capital & Centric CLS Holdings Coin Street Community Builders Daejan Holdings Downing Developments Goodman UK Grainger Grosvenor Group Lexi Holdings The Maghull Group MEPC Minerva London & Associated Properties Opal Property Group St. Modwen Properties Sellar Property Group Span Developments St Martins Property Group Targetfollow The Bedford Estate The Peel Group Trafalgar House West Properties House Builders Barratt Bellway Berkeley Bloor Boot Bovis Countryside Properties Crest Nicholson Keepmoat Lend Lease McCarthy & Stone Miller Muir Persimmon Redrow Taylor Wimpey Telford Homes United House Property Services Adzuna Alpha1Estates Atlantis Bidwells BNP Paribas Real Estate Carter Jonas CBRE Group Chestertons CKD Galbraith RH & RW Clutton Cluttons Colliers International Connells Group Countrywide Cushman & Wakefield Cyril Leonard Drivers Jonas DTZ EC Harris Foxtons Gerald Eve Hamptons International Harrods Estates ISold estate agents Jones Lang LaSalle King Sturge Knight Frank LandlordZONE Lurot Brand LSL Property Services Nathaniel Lichfield and Partners Nestoria Northwood Osborne King Primelocation Purplebricks Regus Rightmove Savills Smiths Gore Spicerhaart Strutt & Parker UK Property Shop Whelan Commercial Winkworth Zoopla Real Estate Investment Trusts Assura Big Yellow Group British Land Brixton Derwent London Great Portland Estates Hammerson Hansteen Holdings Intu Properties Landsec London & Stamford Property NewRiver Primary Health Properties Redefine International Safestore Segro Shaftesbury plc Tritax Big Box Unite Workspace Group Industry Bodies British Institute of Facilities Management British Property Federation Building Research Establishment National Association of Estate Agents National House Building Council Royal Institute of British Architects Royal Institute of Chartered Surveyors Law and Regulation Assured shorthold tenancy Building regulations in the United Kingdom Land tenure in England Land Registry The Property Ombudsman Right to buy Right to Manage Short Assured Tenancy ( Scotland ) Tenancy Deposit Scheme ( England and Wales ) Tenancy deposit schemes ( Scotland ) Other Council for Licensed Conveyancers Crown Estate Estate agent Estates Gazette Land agent LandlordZONE Property retailer Property Week Public estate in the United Kingdom UK mortgage terminology Retrieved from `` https://en.wikipedia.org/w/index.php?title=Australian_property_law&oldid=845209946 '' Categories : Legal professions Solicitors Law in the United Kingdom Australian property law Hidden categories : Articles needing additional references from March 2018 All articles needing additional references Use Australian English from June 2018 All Wikipedia articles written in Australian English Use dmy dates from June 2018 Talk Contents About Wikipedia Add links This page was last edited on 10 June 2018, at 06 : 12 ( UTC ). Text is available under the Creative Commons Attribution - ShareAlike License ; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia ® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. About Wikipedia Developers

Question: what regulates the sale of property in australia
Answer: Australian property law