Property Law Week 4

Legally, in Australia, property owners own the air above:

• the height of 3 building stories

• roof height

• to such height as is necessary for the ordinary use and enjoyment of their land and the structures on it

• highest building in the neighbourhood

In the matter of Graham v K.D. Morris, encroachment of a crane jib over the adjoining property at a height of 18.9m was held to be:

• trespass over the plaintiff's land

• no trespass over the plaintiff's land

Fittings are described as "pieces of physical property sufficiently attached to the land and merges with, and becomes part of the land".

• true

• false

When a dispute occurs whether an item is a fixture or fitting, the court considers only the damage caused by the removal of the item.

• true

• false

The Doctrine of Tenure is described as:

• a type of personal property

• Crown grant of an interest in land

• justifying acquisition by British occupation without treaty or payment.

The traditional DOT operated in Australia until (which case?) successfully obstructed recognition of the native title?

• National Australia Bank v Blacker

• Mabo v Queensland (No. 2)

• Western Australia v Commonwealth

• Commonwealth v Yarmirr

•To register a native title claim, a registration test is applied under (which section) of the Act.

●

• section 190

• section 190A

• section 190B