Property law
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Property turns largely on priority disputes, which become straightforward once the order of analysis is clear: identify the interests, resolve the priorities, and apply the Torrens rules. The guides run that sequence in order.
The challenge
Where students get stuck
A common error is reaching a conclusion before applying the rule that produces it. The required sequence is to identify the legal and equitable interests, then resolve priorities between legal and equitable interests, between competing equitable interests, and under the Torrens system. Indefeasibility and its exceptions, including fraud and the in personam exception, are frequent difficulties, as are the distinction between general law and Torrens land, and the treatment of caveats and unregistered interests. Each priority rule is a structured test.
How the method applies here
The analysis runs in order: name each interest and say what it is, apply the correct priority rule with its authority, then work the Torrens consequences, indefeasibility and its exceptions. Property is a set of ordered tests, and the order is part of the law.
The method
One method, every problem
Four steps run every argument: name the issue, state the rule, apply it to the facts, conclude. Almost every legal rule takes one of six shapes. Any of these six shapes may carry a twist. Learn the six shapes and the twist →
Common questions
Property: common questions
Does this cover Torrens title and priorities?
Yes. Legal and equitable interests, the priority rules, Torrens indefeasibility and caveats.
Priority disputes confuse me. Where do I start?
Name the interests first, then run the correct priority rule in order.
Related subjects: Equity & Trusts, Contracts, Torts. See all subjects.
Get on top of Property.
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