PROPERTY LAW (Text book) • B Edgeworth, C Rossiter, M Stone and P O’Connor, Sackville and Neave Property Law Cases and Materials, (LexisNexis Butterworths, Sydney, 9th ed, 2012). • Moore, Real Property, Oxford University Press, 2012 I. Property has been described as an illusory concept. Critically explain why. (300 words, 5 marks) II. Since Mabo No. 2 (1992) 175 CLR 1, terra nullius has been discredited as both a justification and explanation for European title to land in Australia. This being the case, explain what the doctrine of tenure is and why it is relevant or irrelevant to contemporary discussions on land title in Australia. (700 words, 10 marks) III. Burgess Williams, a wealthy environmentalist with extensive landholdings in New South Wales, transferred his fee simple estate in “High Rent” by deed to his son Cadbury for life. The deed contained the following words, “on condition that Cadbury does not employ any non-organic agricultural methods or lease any part of the land to non-organic producers”. The deed went on to provide that if Cadbury breached this term, or on Cadbury’s death, the estate would pass to Burgess’s granddaughter, Emma. At considerable expense, Burgess had established High Rent as a registered organic producer. It had a hundred acres of grazing land, and also produced market vegetables. The farm had its own very successful restaurant which served its own organic produce. It was called “Lombardy” on account of the 100 ancient Lombardy poplars that were planted along the avenue leading up to the restaurant. On moving in, Cadbury planted genetically modified potatoes in one of the fields. He also chopped down the poplars, replacing them with spotted gum seedlings, and renamed the restaurant, “The Spotted Gum”. Profits at the restaurant plummeted. Emma seeks your advice on whether she has any action against Cadbury. Explain. (1000 words, 15 marks)

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