Bradbrook and Neave's Easements and Restrictive Covenants
By: Adrian John Bradbrook, Susan V. MacCallum
Easements and Restrictive Covenants in Australia examines the rules that govern the creation, enforceability and extinguishment of easements and restrictive covenants from an Australian perspective. It provides an in-depth analysis of the large body of Australian case law and statutelaw explaining the differences between States and Territories, and seeks to solve the various problems that these differences cause. The text also includes a discussion of the interaction between the operation of the Torrens system and the common law and equitable rules governing easements and restrictive covenants. There have been a number of significant decisions emanating from the High Court of Australia and the appellate courts of all the states and territories since the publication of the second edition. The third edition analyses these new developments in the context of the overall development of the law of easements and restrictive covenants.
AI Overview
"Bradbrook and Neave's Easements and Restrictive Covenants" is a comprehensive legal text written by Adrian J. Bradbrook and Susan V. MacCallum. Here is a detailed overview of the book:
Key Themes
- Easements: The book extensively covers the concept of easements, including their creation, types, and implications in Australian property law.
- Restrictive Covenants: It delves into the nature, enforcement, and impact of restrictive covenants on property rights.
- Australian Property Law: The text is specifically tailored to the Australian legal system, providing insights into how easements and restrictive covenants are interpreted and applied within this context.
- Legal Framework: The book includes a detailed analysis of the legal frameworks governing these property rights, including case law and statutory provisions.
Plot Summary
The book is structured to provide a thorough understanding of easements and restrictive covenants in Australia. It begins with an introduction to the fundamental principles of these concepts, followed by detailed chapters on their creation, rights, and obligations. The text includes discussions on various types of easements (e.g., express, implied, and prescriptive) and restrictive covenants (e.g., positive and negative covenants).
The book also explores the enforcement mechanisms, including litigation and dispute resolution processes. It provides practical guidance for legal professionals, property developers, and landowners navigating these complex legal issues.
Critical Reception
While specific reviews are not readily available in the search results, the book's reputation can be inferred from its third edition and the involvement of renowned authors in the field of property law. The inclusion of bibliographical references and an index suggests a comprehensive and authoritative resource for legal scholars and practitioners.
Edition and Publication Details
- Title: Bradbrook and Neave's Easements and Restrictive Covenants
- Authors: Adrian J. Bradbrook, Susan V. MacCallum
- Edition: 3rd Edition
- Publisher: LexisNexis Butterworths
- Publication Date: 2010
- ISBN: 9780409327076
- Pages: 670 pages
Additional Information
- The book is available in hardcover format.
- It includes bibliographical references and an index, which are typical features of a scholarly legal text.
- The copyright status indicates that the material is protected under copyright law, allowing limited copying for research or study purposes.
Overall, "Bradbrook and Neave's Easements and Restrictive Covenants" is a seminal work in Australian property law, providing a detailed and authoritative guide to the complex legal concepts of easements and restrictive covenants.